1. Agenda Documents: 21 AGENDA 0218.PDF 2. Supporting Legislation 2.I. Support Legislation Documents: SUPPORT LEGISLATIVE FEBRUARY 18, 2021 (PDF).PDF RESOLUTION 19.22.21 - CALLING FOR THE ENFORCEMENT OF STRIKEBREAKER LAWS (PDF) .PDF 3. Majority Consent (MC) Documents: RESOLUTION 20.22.21R (MC) - RELEASE OF FUNDS REQUEST TO HUD (PDF).PDF RESOLUTION 21.22.21(MC) - CONDEMNING THE HATE FILLED AND RACIST ATTACKS ON THE COUNCIL OF ALBANY NEIGHORHOOD ASSSOCIATIONS (CANA) FINAL (PDF).PDF 4. Active Calendar Documents: ACTIVE CALENDAR FEBRUARY 18, 2021 (PDF).PDF ACTIVE CALENDAR FEBRUARY 18, 2021 AMENDED 021821.PDF 5. Written Comment Documents: WRITTEN COMMENT 021821 (PDF).PDF 6. Minutes 6.I. Thursday, February 18, 2021 Minutes Of Regular Meeting Documents: 21 MINUTES 0218 FINAL.PDF 6.II. 02-18-21 Meeting Minutes FINAL Documents: 21 MINUTES 0218 FINAL.2.PDF AGENDA FOR THE REGULAR MEETING OF THE ALBANY COMMON COUNCIL Thursday, February 18, 2021 The Common Council meets the first and third Monday of each month at 7:00 p.m. (note: when Monday falls on a legal holiday or day of special observance, the Council meeting is ordinarily moved to the following Thursday). This meeting will be held following Governor Cuomo’s Executive Order 202.1. If executive order 202.1 expires before the meeting, this will be an in-person meeting in City Hall, please check our website and Facebook for updates. It will be live-streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. For more information on how to be heard please visit our website. ORDER OF BUSINESS: Roll Call Welcome Pledge of Allegiance Moment of Silence Public Hearings Public Comment Period (30 Minutes) Approval of Minutes from Previous Meeting Consideration of Local Laws Communications from the Mayor, Department Heads and other City officials Consideration of Vetoes Presentation of Petitions and Communications Reports of Standing Committees Reports of Ad Hoc Committees Consideration of Ordinances Consideration of Resolutions Additional Public Comment (30 minutes) Miscellaneous or Unfinished Business Adjournment The Common Council of the City of Albany is using the Zoom© platform to provide the public access to participate in committee meetings, caucuses, and common council meetings. The Common Council, its agents, nor any of its staff are responsible for the performance of Zoom© or your ability to access the content. Please make sure you visit Zoom’s support to confirm that you have the appropriate system requirements at https://support.zoom.us/hc/en-us/articles/201 LOCAL LAWS INTRODUCED B OF 2021 LOCAL LAW AMENDING ARTICLE II (ASSESSMENT AND COLLECTION OF TAXES) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DELAYING THE IMPLEMENTATION OF INTEREST ON DELINQUENT TAX BILLS DURING THE STATE OF EMERGENCY CAUSED BY THE COVID-19 PANDEMIC LOCAL LAWS HELD 1. Anane LOCAL LAW G - 2018 A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 39 ENTITLED“ CITY OF ALBANY COMMISSION ON MUNICIPAL INTERNET SERVICE ” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO RESEARCHING THE LOGISTICS AND FINANCING OF A CITY OWNED HIGH SPEED INTERNET SERVICE. AND REQUIRING THE COMMISSION TO MAKE FINDINGS AND RECOMMENDATIONS TO THE MAYOR AND THE COMMON COUNCIL REGARDING THE CREATION OF SUCH INFRASTRUCTURE 2. Conti LOCAL LAW F - 2019 A LOCAL LAW REPEALING CHAPTER 54 (FINANCIAL DISCLOSURE) OF THE CODE OF THE CITY OF ALBANY AND ENACTING A NEW CHAPTER 54 ENTITLED “ETHICS LAW OF THE CITY OF ALBANY” IN RELATION TO ETHICS AND FINANCIAL DISCLOSURE *Referred to Council Operations and Ethics 3. Conti, Anane, Farrell, Frederick, Hoey, Kimbrough, Balarin, Johnson, Love, O’Brien & Robinson with the support of Council President Ellis LOCAL LAW J – 2020 As Amended A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF THE CPRB *Referred to Public Safety 4. Love LOCAL LAW L - 2020 A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF ALBANY IN REGARD TO RESIDENCY REQUIREMENTS OF COMMON COUNCIL MEMBERS *Referred to Council Operations and Ethics 5. Conti, Fahey & Doesschate LOCAL LAW M - 2020 A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION) OF ARTICLE XII (GENERAL PROVISIONS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO APPOINTMENTS TO THE HISTORIC RESOURCES COMMISSION AND THE JURISDICTION OF SUCH BODY TO REVIEW EMERGENCY ACTIONS WITHIN HISTORIC RESOURCES OVERLAY DISTRICTS AND FURTHER PROVIDING FOR A REPORT ON EMERGENCY DEMOLITION AND STABILIZATION PROCEDURES *Referred to Planning, Economic Development and Land Use 6. Conti LOCAL LAW A - 2021 A LOCAL LAW AMENDING SECTION 202 (CONTINUOUS TERMS) OF ARTICLE 2 (ELECTIVE OFFICERS) OF THE CHARTER OF THE CITY OF ALBANY TO PROVIDE FOR NONPARTISAN ELECTIONS *Referred to Council Operations and Ethics ORDINANCES HELD 1. Anane Ordinance Number 34.101.18 AN ORDINANCE AMENDING CHAPTER 359 (VEHICLES AND TRAFFIC OF THE CODE OF THE CITY OF ALBANY” IN RELATION TO SPECIAL EVENT PARKING *Referred to Law, Buildings and Code Enforcement 2. Conti Ordinance Number 42.112.18 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NEW CONSTRUCTION IN R-T TOWNHOUSE DISTRICTS *Referred to Planning, Economic Development and Land Use 3. Conti & Anane Ordinance Number 2.12.19 AN ORDINANCE AMENDING ARTICLE II (TRAFFIC REGULATIONS) OF CHAPTER 359 (VEHICLE AND TRAFFIC) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO MARKINGS FOR FIRE HYDRANTS *Referred to Law, Buildings and Code Enforcement 4. Flynn Ordinance Number 12.62.19 AN ORDINANCE AMENDING ARTICLE III (TOW-TRUCK OWNERS AND OPERATORS) OF CHAPTER 353 (VEHICLES FOR HIRE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE MAXIMUM TOWING CHARGE PERMITTED *Referred to Law, Buildings and Code Enforcement 5. Fahey Ordinance Number 16.81.19 (MC) AN ORDINANCE AMENDING CHAPTER 375-3 (USE REGULATIONS) OF THE CODE OF THE CITY OF ALBANY (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) IN ORDER TO CLARIFY THE APPROVAL PROCESS FOR TELECOMMUNICATIONS INSTALLATIONS *Referred to Planning, Economic Development and Land Use 6. Fahey Ordinance Number 1.21.20 AN ORDINANCE REPEALING CHAPTER 303 (SIDEWALK AND OUTDOOR CAFES) OF THE CODE OF THE CITY OF ALBANY *Referred to Planning, Economic Development and Land Use 7. Kimbrough Ordinance Number 11.61.20 AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF ALBANY IN RELATION TO PARKING LOTS IN MU-CU ZONE DISTRICTS *Referred to Planning, Economic Development and Land Use 8. Anane Ordinance Number 13.72.20 AN ORDINANCE AMENDING CHAPTER 345 (TREES AND VEGETATION) OF PART II OF THE CODE OF THE CITY OF ALBANY REGARDING PLANTING TREES IN THE CITY OF ALBANY *Referred to General Service, Health and Environment 9. Frederick Ordinance Number 15.81.20 AN ORDINANCE AMENDING PART II OF THE CODE OF THE CITY OF ALBANY (GENERAL LEGISLATION) BY ENACTING A NEW CHAPTER 325 TITLED SURVEILLANCE TECHNOLOGY *Referred to Public Safety 10. Conti, Fahey and Doesschate Ordinance Number 21.92.20 AN ORDINANCE AMENDING ARTICLE IX (BUILDING CONSTRUCTION REGULATION) AND ARTICLE XIA (VACANT BUILDING REGISTRY) OR PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EMERGENCY BUILDING ACTIONS IN HISTORIC DISTRICTS*Referred to Planning, Economic Development and Land Use 11. Conti Ordinance Number 43.112.20 (MC) AN ORDINANCE AMENDNING ARTICLE XLVI (GENERAL PROVISIONS) OF PART 35 (BOARD OF ZONING APPEALS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO CONFORMING THE SIZE OF THE SIZE OF THE BOARD OF ZONING APPEALS WITH THE NYS GENERAL CITY LAW) *Referred to Planning, Economic Development and Land Use 12. Frederick Ordinance Number 44.122.20 AN ORDINANCE AUTHORIZING AND DIRECTING THE CLOSING OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK *Referred to Finance, Assessment and Taxation 13. Frederick Ordinance Number 45.122.20 AN ORDINANCE OF THE COMMON COUNCIL AUTHORIZING THE SALE OF SCOTT STREET IN THE CITY OF ALBANY, NEW YORK TO SOUTH END DEVELOPMENT, LLC *Referred to Finance, Assessment and Taxation 14. Planning Ordinance Number 46.122.20 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY BY RENUMBERING SUCH CHAPTER *Referred to Planning, Economic Development and Land Use 15. O’Brien Ordinance Number 3.12.21 AN ORDINANCE AMENDING CHAPTER 375 (UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY CLARIFYING VEGETATIVE COVERAGE IN RELATION TO NON-APPLICABILITY TO GREEN ROOFS *Referred to Planning, Economic Development and Land Use RESOLUTIONS INTRODUCED 17.22.21R RESOLUTION OF THE COMMON COUNCIL SUPPORTING AN AMENDMENT TO TITLE 6 OF ARTICLE 5 THE NEW YORK STATE PUBLIC AUTHORITIES LAW IN RELATION TO THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY AND ALBANY WATER BOARD 18.22.21R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE REAPPOINTMENT OF JEFFREY SPERRY AS A MEMBER AND THE CHAIRPERSON OF THE ALBANY PARKING AUTHORITY 19.22.21R RESOLUTION CALLING FOR THE ENFORCEMENT OF THE CITY OF ALBANY’S CODE PART I: ADMINISTRATIVE LEGISLATION / LABOR ARTICLE V STRIKEBREAKERS RESOLUTIONS HELD 1. Anane Resolution Number 46.62.18R (MC) A RESOLUTION OF THE ALBANY COMMON COUNCIL IN SUPPORT OF THE CITY OF ALBANY WAIVING FEES AGAINST THE NEW YORK STATE POOR PEOPLE’S CAMPAIGN *Referred to Public Safety 2. Anane Resolution Number 25.52.19R RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY RECOGNIZING THE IMPORTANCE OF WALKABILITY THROUGHOUT THE CITY AND CALLING ON THE ALBANY POLICE DEPARTMENT’S TRAFFIC SAFETY DIVISION TO ADOPT A POLICY ENSURING THAT PEDESTRIAN SIGNALS ARE AUTOMATICALLY INCLUDED WHENEVER TRAFFIC SIGNALS ARE CHANGED, UPGRADED OR INSTALLED” *Referred to Planning, Economic Development and Land Use 3. Love Resolution Number 42.62.19R RESOLUTION OF THE COMMON COUNCIL RECOGNIZING THE NEED FOR A GREATER EMPHASIS ON SENIOR SERVICES THROUGHOUT THE CITY OF ALBANY 4. Kimbrough Resolution Number 4.12.20R A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE GOVERNOR AND THE NEW YORK STATE LEGISLATURE TO NOT MAKE DRASTIC CUTS TO MEDICAID 5. Anane Resolution Number 7.21.20R RESOLUTION DECLARING A CLIMATE EMERGENCY AND CALLING FOR AN IMMEDIATE EMERGENCY MOBILIZATION TO RESTORE A SAFE CLIMATE *Referred to Planning, Economic Development and Land Use 6. Conti Resolution Number 23.41.20R RESOLUTION OF THE COMMON COUNCIL ENACTING A HOME RULE MESSAGE TO THE NEW YORK STATE LEGISLATURE REQUESTING THE ENACTMENT OF SENATE BILL NO. 7606 AND ASSEMBLY BILL NO. 9114 ENTITLED: “AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO THE RESIDENTIAL PERMIT PARKING SYSTEM IN THE CITY OF ALBANY; AND TO AMEND CHAPTER 454 OF THE LAWS OF 2010 AMENDING THE VEHILCE AND TRAFFIC LAW RELATING TO AUTHORIZING A PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBANY, IN RELATION TO MAKING SUCH PROVISIONS PERMANENT 9. Anane Resolution Number 95.102.20R RESOLUTION IN SUPPORT OF THE CITY OF ALBANY MAKING ELECTION DAY A PAID HOLIDAY *Referred to Finance, Assessment and Taxation 10. Kimbrough with the Support of President Ellis Resolution Number 102.111.20R A RESOLUTION HONORING THE LIFE AND LEGACY OF EDWIN H. SPERBER AND NAMING A PORTION OF ERIE BOULEVARD AS “EDWIN H. SPERBER WAY”” *Referred to General Service, Health and Environment 11. Finance Resolution Number 13.21.21R A RESOLUTION OF THE COMMON COUNCIL CONSENTING TO THE ELIMINATION OF ONE FULL TIME POSITION AND THE CREATION OF ANOTHER, WHICH WILL AFFECT A SALARY TOTAL FOR THE 2021 BUDGET (OFFICE OF HUMAN RESOURCES)* Referred to Finance, Assessment and Taxation COMMON COUNCIL OF THE CITY OF ALBANY SUPPORT LEGISLATION FEBRUARY 18, 2021 LOCAL LAW B OF 2021 LOCAL LAW AMENDING ARTICLE II (ASSESSMENT AND COLLECTION OF TAXES) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DELAYING THE IMPLEMENTATION OF INTEREST ON DELINQUENT TAX BILLS DURING THE STATE OF EMERGENCY CAUSED BY THE COVID-19 PANDEMIC RESOLUTIONS 17.22.21R RESOLUTION OF THE COMMON COUNCIL SUPPORTING AN AMENDMENT TO TITLE 6 OF ARTICLE 5 THE NEW YORK STATE PUBLIC AUTHORITIES LAW IN RELATION TO THE ALBANY MUNICIPAL WATER FINANCE AUTHORITY AND ALBANY WATER BOARD 18.22.21R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE REAPPOINTMENT OF JEFFREY SPERRY AS A MEMBER AND THE CHAIRPERSON OF THE ALBANY PARKING AUTHORITY 19.22.21R RESOLUTION CALLING FOR THE ENFORCEMENT OF THE CITY OF ALBANY’S CODE PART I: ADMINISTRATIVE LEGISLATION / LABOR ARTICLE V STRIKEBREAKERS Council Member ___ introduced the following: LOCAL LAW B OF 2021 LOCAL LAW AMENDING ARTICLE II (ASSESSMENT AND COLLECTION OF TAXES) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DELAYING THE IMPLEMENTATION OF INTEREST ON DELINQUENT TAX BILLS DURING THE STATE OF EMERGENCY CAUSED BY THE COVID-19 PANDEMIC The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article II of Chapter 333 of Part II of the Code of the City of Albany is hereby amended by adding thereto a new Section 333-33.3 entitled, “Delayed imposition of interest on taxes and penalties during the COVID-19 pandemic,” to read as follows: Section 333-33.3. Delayed imposition of interest on taxes and penalties during the COVID- 19 pandemic. A. Pursuant to the authority granted in section 1910 of the New York State Real Property Tax Law, the City Treasurer is authorized to delay the implementation of interest on delinquent 2021 City tax bills and any penalties associated therewith until May 31, 2021. B. Pursuant to the authority granted in section 1910 of the New York State Real Property Tax Law, and upon passage of a local law authorizing the City Treasurer to do so, the City Treasurer is authorized to delay the implementation of interest on delinquent 2021 County tax bills and any penalties associated therewith until May 31, 2021. C. This section shall be deemed repealed on June 1, 2021. Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State, and shall remain in effect until June 1, 2021, upon which date it shall be deemed repealed. APPROVED AS TO FORM THIS 3RD DAY OF FEBRUARY, 2021 ______________________________ Corporation Counsel To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Request for Common Council Date: February 3, 2021 SPONSOR: To be determined LOCAL LAW B OF 2021 TITLE LOCAL LAW AMENDING ARTICLE II (ASSESSMENT AND COLLECTION OF TAXES) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DELAYING THE IMPLEMENTATION OF INTEREST ON DELINQUENT TAX BILLS DURING THE STATE OF EMERGENCY CAUSED BY THE COVID-19 PANDEMIC GENERAL PURPOSE OF LEGISLATION Per RPTL § 1910, newly signed into law with immediate effect by Governor Cuomo on January 30, taxing jurisdictions are now allowed to “defer the scheduled payment or installments of taxes and special ad valorem levies due during the state disaster emergency until such date certain that such local law shall specify.” The law authorizes taxing jurisdictions to defer such payments up to one hundred twenty days past the original due date of such original taxes. This local law authorizes the City Treasurer to delay the implementation of interest on delinquent taxes and penalties for one hundred twenty days, from the usual due date of January 31 to May 31, in 2021 only. NECESSITY FOR LEGISLATION RPTL § 1910 requires that the legislation described above must be passed by local law, and only after a public hearing. RPTL § 1910 further stipulates that no taxing jurisdiction may defer the scheduled payments of another taxing jurisdiction “without such other taxing jurisdiction’s authorization via passage of a local law.” Therefore, the City may not delay the collection of taxes, penalties, or interest due to the County (a function which the City performs on the County’s behalf) unless the County also passes a local law under RPTL § 1910 authorizing the City to do so. A local law similar to this one, authorizing the City to delay collection of the County’s interest, is before the Albany County Legislature. The Treasurer is requesting this local law because it will provide a measure of relief to those struggling financially due to the COVID-19 pandemic by allowing them more time to pay their taxes and penalties before interest is added. FISCAL IMPACT This local law will delay the imposition of interest on late tax and penalty payments, thereby potentially reducing, somewhat, the amount of interest collected. Council Members Conti, Balarin, Doesschate, Fahey, Flynn, Frederick, Hoey, Igoe, Kimbrough, O’Brien introduced the following: RESOULTION NUMBER 17.22.21R RESOLUTION OF THE COMMON COUNCIL SUPPORTING AN AMENDMENT TO TITLE 6 OF ARTICLE 5 OF THE NEW YORK STATE PUBLIC AUTHORITIES LAW IN RELATION TO THE ALBANY MUNICPAL WATER FINANCE AUTHORITY AND ALBANY WATER BOARD WHEREAS, Title 6 of Article 5 of the New York State Public Authorities Law established the Albany Municipal Water Finance Authority and the Albany Water Board; and WHEREAS, the Albany Municipal Water Finance Authority and the Albany Water Board are responsible for the management and financing of Albany’s water system and delivery of services to the residents of the City of Albany; and WHEREAS, this is a significant responsibility which has been delegated by state law to such entities; and WHEREAS, the Albany Municipal Water Finance Authority consists of seven members, five appointed by the Mayor of the City of Albany and two by the Governor of the State of New York upon nomination by the Mayor; and WHEREAS, the Albany Water Board consists of five members appointed by the Mayor; and WHEREAS, appointment to these boards are by unilateral action not subject to review and confirmation by the Albany Common Council as the governing body of the City of Albany; and WHEREAS, the current appointment procedure diminishes oversight of these boards and weakens accountability; and WHEREAS, under various state and local laws it has become common practice for mayoral appointments to various boards, commissions and authorities to be subject to confirmation by the Common Council; and WHEREAS, under the Albany City Charter the Common Council also has confirmation authority over Mayoral appointments of various department heads; NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council finds and declares that its lack of authority to confirm appointments to the Albany Municipal Water Finance Authority and the Albany Water Board diminishes its ability to exercise adequate and appropriate oversight over the activities and operations of these boards and such lack of authority diminishes accountability; and BE IT FURTHER RESOLVED, that the Albany Common Council calls upon the State Legislature to amend existing law to establish the authority of the Common Council to confirm mayoral appointments to these boards; and BE IT FURTHER RESOLVED, that to the extent such amendment requires a home rule request by the Albany Common Council, such request shall be adopted upon introduction of appropriate legislation in the State Senate and State Assembly; and BE IT FURTHER RESOLVED, that a copy of this resolution, suitably engrossed, be transmitted to State Senator Neil Breslin and Assembly Members Patricia Fahy and John McDonald. To: Danielle Gillespie, City Clerk From: Richard Conti, Council Member 6th ward Re: Request for Common Council Legislation Supporting Memorandum Date: February 2, 2021 Resolution Number 17.22.21R SPONSOR(S): Councilmember Conti TITLE: RESOLUTION OF THE COMMON COUNCIL SUPPORTING AN AMENDMENT TO TITLE 6 OF ARTICLE 5 OF THE NEW YORK STATE PUBLIC AUTHORITIES LAW IN RELATION TO THE ALBANY MUNICPAL WATER FINANCE AUTHORITY AND ALBANY WATER BOARD PURPOSE To establish the Common Council’s confirmation authority over Mayoral appointments to the Albany Municipal Water Finance Authority and Albany Water Board. SUMMARY Requests introduction and enactment of State legislation amending Title 6 of the NYS Public Authorities Law to establish the Common Council’s confirmation authority over Mayoral appointments to the Albany Municipal Water Finance Authority and Albany Water Board; sets forth the reasons justifying such amendment. JUSTIFICATION As set forth in the accompanying resolution. An identical resolution (16.21.08R) was adopted by the Common Council on February 4, 2008 by a vote of 13-0 and transmitted to Albany’s state legislative delegation, however no further action was taken. FISCAL IMPACT None. EFFECTIVE DATE Immediate. Common Council Member __________ offered the following: RESOLUTION NUMBER 18.22.21R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE REAPPOINTMENT OF JEFFREY SPERRY AS A MEMBER AND THE CHAIRPERSON OF THE ALBANY PARKING AUTHORITY WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Section 1493-c of the Public Authorities Law of the State of New York reappointed Jeffrey Sperry as a member and the Chairperson of the Albany Parking Authority; NOW, THEREFORE, BE IT RESOLVED that Jeffrey Sperry be confirmed as a member and the Chairperson of the Albany Parking Authority for a five (5) year term of office to expire January 2, 2026. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: February 4, 2021 SPONSOR To be determined RESOLUTION NUMBER 18.22.21R TITLE RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE REAPPOINTMENT OF JEFFREY SPERRY AS A MEMBER AND THE CHAIRPERSON OF THE ALBANY PARKING AUTHORITY GENERAL PURPOSE OF LEGISLATION To reappoint Jeffrey Sperry, the current Chairperson of the Albany Parking Authority to another five year term in that position, set to end on January 2, 2026. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW Under Public Authorities Law § 1493-c, the Albany Parking Authority “shall consist of a chairman and four other members, who shall be appointed by the mayor, with the advice and consent of the common council,” for five year terms. This resolution expresses the Council’s consent to the Mayor’s appointment. FISCAL IMPACT(S) None. Council Member Hoey introduced the following: RESOLUTION NUMBER 19.22.21R RESOLUTION CALLING FOR THE ENFORCEMENT OF THE CITY OF ALBANY’S CODE PART I: ADMINISTRATIVE LEGISLATION / LABOR ARTICLE V STRIKEBREAKERS WHEREAS, the nurses at Albany Medical Center voted to unionize over two years ago; and WHEREAS, there has been no movement in contract negotiations, which Albany Medical Center management hopes will break the nurses’ union; and WHEREAS, the nurses are exhausted by their effort to keep their patients alive during the Covid-19 pandemic; and WHEREAS, the nurses, seeing no movement at the negotiations table, called a 24-hour strike on December 1, 2020; and WHEREAS, Albany Medical Center Management hired hundreds of strikebreaker replacement nurses and locked its own nurses out for the following two days, thereby preventing its own nurses from caring for their patients; and WHEREAS, the City of Albany New York has on its books an anti-strikebreaking law; and WHEREAS, Section 62-5 of the law states: “Purpose. No person, partnership, agency, firm or corporation, or officer, employee or agent thereof, shall recruit, procure, supply or refer any person for employment who customarily and repeatedly offers himself for employment in place of any employee involved in a labor dispute in which such person, partnership, agency, firm or corporation is not directly involved”; and WHEREAS, Section 62-6 of the law states: “Prohibited employment of strikebreakers. No person, partnership, firm or corporation involved in a labor dispute shall, directly or indirectly, employ in the place of an employee involved in such dispute any person who customarily and repeatedly offers himself for employment in the place of employees involved in a labor dispute or contract or arrange with any other person, partnership, agency, firm or corporation to recruit, procure, supply or refer persons for employment who customarily and repeatedly offer themselves for employment in place of employees involved in such labor dispute”; and WHEREAS, Section 62-7 of the law states: “Unlawful to employ replacements. No person who customarily and repeatedly offers himself for employment in place of employees involved in a labor dispute shall take or offer to take the place in employment of any employee involved in a labor dispute”; and WHEREAS, Section 62-8 of the law states: “Penalties for offenses. Any person, partnership, agency, firm or corporation, or any officer, employee or agent thereof, who or which shall violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine of not more than $1,000 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment”; NOW, THEREFORE BE IT RESOLVED, that this Common Council of the City of Albany demands that the City of Albany, New York enforce its code and prosecute Albany Medical Center Management for violation of City Law; and BE IT FINALLY RESOLVED, that Albany Medical Center release to this Council information regarding the number of the strikebreaking nurses it hired, what it paid these strikebreakers, and the names and addresses of the strikebreakers. To: Danielle Gillespie, City Clerk From: Council Member Tom Hoey Re: Request for Common Council Legislation Supporting Memorandum Date: February 5, 2021 SPONSOR Council Member Hoey RESOLUTION NUMBER 19.22.21R TITLE RESOLUTION CALLING FOR THE ENFORCEMENT OF THE CITY OF ALBANY’S CODE PART I: ADMINISTRATIVE LEGISLATION / LABOR ARTICLE V STRIKEBREAKERS GENERAL PURPOSE OF LEGISLATION Calling for the enforcement of strikebreaker laws. FISCAL IMPACT(S) None. Council Member Hoey, Anane, Balarin, and Farrell introduced the following: RESOLUTION NUMBER 19.22.21R RESOLUTION CALLING FOR THE ENFORCEMENT OF THE CITY OF ALBANY’S CODE PART I: ADMINISTRATIVE LEGISLATION / LABOR ARTICLE V STRIKEBREAKERS WHEREAS the nurses at Albany Medical Center voted to unionize over two years ago; and WHEREAS there has been no movement in contract negotiations, which Albany Medical Center management hopes will break the nurses’ union; and WHEREAS the nurses are exhausted by their effort to keep their patients alive during the Covid-19 pandemic; and WHEREAS the nurses, seeing no movement at the negotiations table, called a 24-hour strike on December 1, 2020; and WHEREAS Albany Medical Center Management hired hundreds of strikebreaker replacement nurses and locked its own nurses out for the following two days, thereby preventing its own nurses from caring for their patients; and WHEREAS the City of Albany New York has on its books an anti-strikebreaking law; and WHEREAS Section 62-5 of the law states: “Purpose. No person, partnership, agency, firm or corporation, or officer, employee or agent thereof, shall recruit, procure, supply or refer any person for employment who customarily and repeatedly offers himself for employment in place of any employee involved in a labor dispute in which such person, partnership, agency, firm or corporation is not directly involved”; and WHEREAS Section 62-6 of the law states: “Prohibited employment of strikebreakers. No person, partnership, firm or corporation involved in a labor dispute shall, directly or indirectly, employ in the place of an employee involved in such dispute any person who customarily and repeatedly offers himself for employment in the place of employees involved in a labor dispute or contract or arrange with any other person, partnership, agency, firm or corporation to recruit, procure, supply or refer persons for employment who customarily and repeatedly offer themselves for employment in place of employees involved in such labor dispute”; and WHEREAS Section 62-7 of the law states: “Unlawful to employ replacements. No person who customarily and repeatedly offers himself for employment in place of employees involved in a labor dispute shall take or offer to take the place in employment of any employee involved in a labor dispute”; and WHEREAS Section 62-8 of the law states: “Penalties for offenses. Any person, partnership, agency, firm or corporation, or any officer, employee or agent thereof, who or which shall violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine of not more than $1,000 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment”; NOW, THEREFORE BE IT RESOLVED, that this Common Council of the City of Albany expresses its strong displeasure with Albany Medical Center Management at the apparent lack of good faith in its negotiations with the Nurses Union and strongly urges the City of Albany, New York enforce its law code and prosecute Albany Medical Center Management for violation of City Law; and BE IT FINALLY RESOLVED, that Albany Medical Center release to this Council information regarding the number of the strikebreaking nurses it hired, what it paid these strikebreakers. To: Danielle Gillespie, City Clerk From: Council Member Tom Hoey Re: Request for Common Council Legislation Supporting Memorandum Date: February 5, 2021 SPONSOR Council Member Hoey RESOLUTION NUMBER 19.22.21R TITLE RESOLUTION CALLING FOR THE ENFORCEMENT OF THE CITY OF ALBANY’S CODE PART I: ADMINISTRATIVE LEGISLATION / LABOR ARTICLE V STRIKEBREAKERS GENERAL PURPOSE OF LEGISLATION Calling for the enforcement of strikebreaker laws. FISCAL IMPACT(S) None. Council Member introduced the following: Resolution Number 20.22.21R (MC) RESOLUTION DESIGNATING THE MAYOR TO ACT AS OFFICIAL REPRESENTATIVE OF THE CITY OF ALBANY TO SUBMIT ANNUALLY TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THE “ANNUAL ACTION PLAN”, AND AMENDMENTS THERETO, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the Congress of the United States established the Community Development Block Grant Program; and WHEREAS, the Albany Community Development Agency has prepared the Annual Action Plan for the Community Development Block Grant Program Year 47 in accord with public hearings held on March 9, March 31, and April 7, 2021; and WHEREAS, pursuant to Sec. 570.303 of the Code of Federal Regulations, a grantee of a Community Development Block Grant must certify that its governing body has duly adopted a resolution authorizing a person to act as its official representative to submit the Action Plan, amendments thereto, and all understandings and assurances thereto, and authorizing the persons identified as the official representative of the grantee to act in connection with the submission of the Action Plan and to provide such additional information as may be required; NOW, THEREFORE, BE IT RESOLVED, that the Common Council hereby authorizes the Mayor to act as the City of Albany’s official representative for the purpose of submitting the said Action Plan and all necessary understandings, assurances and amendments thereto; and BE IT FURTHER RESOLVED, that the Common Council hereby adopts the Action Plan for the Community Development Block Grant Program Year 47 as prepared by the Albany Community Development Agency, together with and including all understandings and assurances required thereby. To: Danielle Gillespie, City Clerk From: Brett Williams, Esq., Senior Assistant Corporation Counsel Re: Request for Common Council Legislation Supporting Memorandum Date: February 10, 2020 Sponsor: To be determined RESOLUTION NUMBER 20.22.20R (MC) TITLE RESOLUTION DESIGNATING THE MAYOR TO ACT AS OFFICIAL REPRESENTATIVE OF THE CITY OF ALBANY TO SUBMIT ANNUALLY TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THE “ANNUAL ACTION PLAN”, AND AMENDMENTS THERETO, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM GENERAL PURPOSE OF LEGISLATION Allows the City, through the Mayor, to submit requests for the release of funds to the Department of Housing and Urban Development. NECESSITY FOR LEGISLATION AND ANY CHANGE TO EXISTING LAW: This is a U.S. Department of Housing and Urban Development Requirement. FISCAL IMPACT(S) Helps release funding for upcoming program year. Council Member O’Brien introduced the following: RESOLUTION NUMBER 21.22.21R (MC) A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL CONDEMNING THE HATE-FILLED AND RACIST ATTACKS ON THE COUNCIL OF ALBANY NEIGHBORHOOD ASSOCIATIONS – CANA WHEREAS, the Council of Albany Neighborhood Associations (hereinafter “CANA”) is a nonpartisan federation of neighborhood associations and community organizations, and is involved in all matters which involves the quality of life of its constituents; and WHEREAS, the African American Cultural Center of the Capital Region (hereinafter “AACCCR”) is a nonprofit organization committed to educating, enriching, and empowering residents of the Capital Region through a variety of educational, cultural, and performing arts, programs, activities, and exhibits that promote awareness and raise the collective consciousness of all ethnicities to the rich and vibrant history, contribution, and culture of African Americans.; and WHEREAS, the Rapp Road Historical Association (hereinafter “RRHA”) is a nonprofit organization that represents the Rapp Road Historic District, which is a cluster of 23 homes built by African Americans who migrated predominantly from Shubuta Mississippi as part of the Great Migration; and WHEREAS, on Wednesday, February 3, 2021, CANA convened virtually to recognize and celebrate the importance of African American History Month; and WHEREAS, the AACCCR and RRHA were invited to CANA’s monthly meeting as featured presenters; and WHEREAS, the presentations for African American History Month were interrupted by several unwarranted individuals, who proceeded to disrupt the meeting with hate speech, racial epithets, and other content that was extremely offensive to the meeting attendees; and WHEREAS, the Albany Common Council condemns the heinous actions of these unwarranted individuals in the strongest terms; and WHEREAS, the Albany Common Council reaffirms that racism and hate speech has no place in the City of Albany; and NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby stands in strong support and solidarity with CANA, AACCCR, RRHA, and all other individuals that were directly affected by this unfortunate and devastating incident. To: Danielle Gillespie, City Clerk From: John-Raphael Pichardo, Esq., Research Counsel Re: Common Council Legislation Supporting Memorandum Date: February 10, 2021 SPONSOR Council Member O’Brien RESOLUTION NUMBER TITLE A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL CONDEMNING THE HATE-FILLED AND RACIST ATTACKS ON THE COUNCIL OF ALBANY NEIGHBORHOOD ASSOCIATIONS – CANA GENERAL PURPOSE OF LEGISLATION Condemning the hate-filled racist attacks at the CANA. FISCAL IMPACT(S) None. Page 1 of 2 Albany Common Council Active Calendar Meeting of Thursday, February 18, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Held Local Law G 1 Anane A LOCAL LAW AMENDING CHAPTER of 2018 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 39 ENTITLED“ CITY OF ALBANY COMMISSION ON MUNICIPAL INTERNET SERVICE ” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO RESEARCHING THE LOGISTICS AND FINANCING OF A CITY OWNED HIGH SPEED INTERNET SERVICE. AND REQUIRING THE COMMISSION TO MAKE FINDINGS AND RECOMMENDATIONS TO THE MAYOR AND THE COMMON COUNCIL REGARDING THE CREATION OF SUCH INFRASTRUCTURE Local Laws Held (b) Local Law M 5 Conti, Fahey A LOCAL LAW AMENDING PART 4 of 2020 & Doesschate (HISTORIC RESOURCES COMMISSION) OF ARTICLE XII (GENERAL PROVISIONS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO APPOINTMENTS TO THE HISTORIC RESOURCES COMMISSION AND THE JURISDICTION OF SUCH BODY TO REVIEW EMERGENCY ACTIONS WITHIN HISTORIC RESOURCES OVERLAY DISTRICTS AND FURTHER PROVIDING FOR A REPORT ON EMERGENCY DEMOLITION AND STABILIZATION PROCEDURES Ordinances Held (b) 21.92.20 10 Conti, Fahey AN ORDINANCE AMENDING & Doesschate ARTICLE IX (BUILDING CONSTRUCTION REGULATION) AND ARTICLE XIA (VACANT BUILDING REGISTRY) OR PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN Page 2 of 2 RELATION TOEMERGENCY BUILDING ACTIONS IN HISTORIC DISTRICT Resolutions Introduced (a) 17.22.21R Conti, Balarin, RESOLUTION OF THE COMMON Doesschate, COUNCIL SUPPORTING AN Fahey, Flynn, AMENDMENT TO TITLE 6 OF Frederick, ARTICLE 5 THE NEW YORK STATE Hoey, Igoe, PUBLIC AUTHORITIES LAW IN Kimbrough, RELATION TO THE ALBANY O’Brien MUNICIPAL WATER FINANCE AUTHORITY AND ALBANY WATER BOARD Resolutions Introduced 19.22.21R Hoey RESOLUTION CALLING FOR THE ENFORCEMENT OF THE CITY OF ALBANY’S CODE PART I: ADMINISTRATIVE LEGISLATION / LABOR ARTICLE V STRIKEBREAKERS (a) Pending discussion on February 10, 2021 @ 5:30PM Albany Common Council Caucus VIA ZOOM (b) Pending discussion at Planning, Economic Development, and Land Use Committee on February 16, 2021 @ 5:30pm VIA ZOOM (02/05/2021) Page 1 of 1 Albany Common Council Active Calendar Meeting of Thursday, February 18, 2021 (NOTE: The Active Calendar is meant to indicate items which are anticipated to come up for action at the indicated Common Council meeting. Items on a committee agenda prior to the indicated Council meeting are included subject to committee action and recommendation. New items on the agenda for introduction, but which will not be acted upon on the evening of introduction is not included on the Active Calendar. This Calendar does not preclude the addition of items for action by Majority Consent of the Council. Items added by Majority Consent are those which were not available for the agenda within the required deadline but which cannot wait for the subsequent Council meeting for introduction and/or action.) Section Number Agenda Sponsor Subject Number Local Laws Introduced Local Law B Finance LOCAL LAW AMENDING ARTICLE II of 2021 (ASSESSMENT AND COLLECTION OF TAXES) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DELAYING THE IMPLEMENTATION OF INTEREST ON DELINQUENT TAX BILLS DURING THE STATE OF EMERGENCY CAUSED BY THE COVID-19 PANDEMIC Local Laws Held Local Law G 1 Anane A LOCAL LAW AMENDING CHAPTER of 2018 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 39 ENTITLED“ CITY OF ALBANY COMMISSION ON MUNICIPAL INTERNET SERVICE ” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO RESEARCHING THE LOGISTICS AND FINANCING OF A CITY OWNED HIGH SPEED INTERNET SERVICE. AND REQUIRING THE COMMISSION TO MAKE FINDINGS AND RECOMMENDATIONS TO THE MAYOR AND THE COMMON COUNCIL REGARDING THE CREATION OF SUCH INFRASTRUCTURE Resolutions Introduced (a) 17.22.21R Conti, Balarin, RESOLUTION OF THE COMMON Doesschate, COUNCIL SUPPORTING AN Fahey, Flynn, AMENDMENT TO TITLE 6 OF Frederick, ARTICLE 5 THE NEW YORK STATE Hoey, Igoe, PUBLIC AUTHORITIES LAW IN Kimbrough, RELATION TO THE ALBANY O’Brien MUNICIPAL WATER FINANCE AUTHORITY AND ALBANY WATER BOARD Resolutions Introduced 19.22.21R Hoey RESOLUTION CALLING FOR THE ENFORCEMENT OF THE CITY OF ALBANY’S CODE PART I: ADMINISTRATIVE LEGISLATION / LABOR ARTICLE V STRIKEBREAKERS (a) Pending discussion on February 10, 2021 @ 5:30PM Albany Common Council Caucus VIA ZOOM (02/18/2021) COMMON COUNCIL MEETING PUBLIC COMMENT THURSDAY, FEBRUARY 18, 2021 Comments for 2/18/21- Albany Common Council/ Anti Replacement Worker Albany City Code My name is Fred Pfeiffer. I reside at 124 North Pine Ave., Albany. I am a charter member of the Solidarity Committee of the Capital District and a retired labor representative and organizer as well as a machinist by trade. I have resided and worked in the area for almost fifty years. I am commenting today on the Albany City Code- Article 5, Sections 62-5 through 8. It is clear to me that the Intent of this ordinance is to protect workers’ rights to collective bargaining and to negotiate a fair contract. To that end employers should not bring anyone into the dispute that is not directly involved such as out side strike breakers. This puts pressure on employers such as Albany Medical Center to negotiate fairly. When managers have to do the work of the workers they manage, they quickly appreciate what it takes to do the work. Republican President Ronald Reagan broke the informal contract between business and labor not to use scabs as replacement workers. The result has been that honest relationships between employer and employee have broken down. Most probably the Albany Code was enacted before the advent of the National Labor Relations Act and Board in the 1930’s. Prior to the NLRA employers cut wages and forced employees to strike then used replacement workers to bust their union. The police were put in between the battling sides and compelled to side with property owners rather than workers. Pitched battles depicted in movies like Ironweed resulted in injury and death. At some point public sentiment afforded the City leaders such as yourselves to enact legislation protecting workers and the citizens of Albany against outside replacement workers. They abolished the use of scabs to stop the undermining workers rights and resulting turmoil. Regardless of whether Federal laws supersede local ordinances, the Council should publicly stand against the use of scabs both for public safety and to demonstrate the right of the RN’s at AMC to a fair contract. The employer should not be allowed to beat workers into submission with its upper hand. The use of scabs is the hammer going up then coming down on the healthcare heroes who are praised for their work and at the same time castigated for exercising their right to withhold their labor when being treated unfairly. These frontline workers have shown up to fight the scourge of COVID-19 and in some cases forfeited their health and lives. That is super human effort and compassion. The use of scabs is not super, and we should never cede the right and responsibility to protect our workers. Workers who create their own organization so that they can carry out their mission humanely for both patients and their families, are heroes. An employer ideally should say to the workers: “It’s about time you respected your labor enough to stand up for yourselves. I welcome you and your union to register your voice for better operations and a budget that includes all of us.” When we see bosses and managers abrogating their responsibility to the community, it is incumbent upon us all to speak out. There has to be consequences. To paraphrase the words of Irish statesman Edmund Burke: ”All that is necessary for the triumph of evil is that good people do nothing.” Lets do something to balance the scales and give workers their democratic rights in a free society. Resolve to support the intentions and law of the Albany Code and make public your distain for the use of replacement workers to bust the voice, the union of the Registered Nurses at our Albany Medical Center. Fred Pfeiffer Name Bill Ritchie Address Street Address: 196 Mount Hope Drive City: Albany State / Province: New York Postal / Zip Code: 12202 Topic Resolution Calling for the enforcement of the City of Albany’s Code Part I: Administrative Legislation / LaborArticle V Strikebreakers. Common Council Members: Good Evening! I am writing to urge your support for the above resolution introduced by Council Member Thomas Hoey. Registered Nurses at Albany Medical Center have been trying hard for two years to conclude a labor agreement with their employer. It came as no surprise to me that following a one- day strike at AMC, management locked the nurses out for the following two days claiming that agency temporary (scab) employees were replacing these hard-working and competent employees. So much for patient care; so much for patient safety. The history of labor management relations at AMC reflects an animus which is at its heart is rabidly anti-union. We all want Albany Med. to be a great hospital and community partner. This wish cannot be realized as long as hospital management resorts to hiring hundreds of so called "replacement" workers, locking out essential workers , particularly during the present covid pandemic, and their lawyers continue to stonewall the legitimate contract proposals provided by AMC nurses. Albany is not the Wild West--it is a union town. No hospital or other entity in our community can be allowed to sabotage the legitimate efforts of working people to join a union; to fight for decent remuneration and working conditions and the best interests of their interests of the welfare of their patient/clients. Thank you for your attention to my statement of support for the resolution. Name Ray Bromley Address Street Address: 7 Berkshire Blvd City: Albany State / Province: NY Postal / Zip Code: 12203 Phone Number (518) 605-7585 Topic Albany's Med's disgraceful treatment of its Nurses. I support Tom Hoey's Resolution. Name Hannah Crodelle Address Street Address: 4 Shelbourne Dr City: Loudonville State / Province: NY Postal / Zip Code: 12211 Topic I wish to speak on issues pertaining to the global covid-19 crisis and poverty. As millions are rising out of poverty, the pandemic has pulled them right back in. I wish to speak about The Borgen Project, a national organization that works to engage citizens locally in efforts to see stronger U.S. leadership go toward improving living conditions at home and abroad. I wish to discuss how addressing global poverty abroad produces new jobs in America and in Albany, New York. Meeting Date 02-18-2021 Name James Kaufman Address Street Address: po box 77 Street Address Line 2: 54 O'Hanlon Ln City: East Berne State / Province: NY Postal / Zip Code: 12059 Topic I write to you today to urge you to support enforcement of the Anti-scab legislation which was adopted some seventy plus years ago in the city of ALbany NY but to my knowledge has not been enforced. Laws are supposed to create rights but only if enforced. This country provides the right to form a Union and bargain collectively with your employer. However, the right to withhold labor when the employer refuses to negotiate in good faith is lost when the employers can hire scabs to break strikes. This tips the scales in favor of the employer during labor disputes. Please adopt the resolution put forward by Councilman Hoey and force employers in the city of Albany to play by the rules. Thank you Jim Kaufman, Legislative Director American Postal Workers Union Albany NY Local 390 Name Lawrence Wittner Address Street Address: 78 Kakely Street City: Albany State / Province: NY Postal / Zip Code: 12208 Topic My name is Lawrence Wittner, and I have lived in the City of Albany for the past 42 years. I reside at 78 Kakely Street. I strongly urge the Albany Common Council to support the resolution calling upon the City of Albany to enforce its code regarding strikebreakers. The management at Albany Medical Center – one of the capital district’s largest, wealthiest enterprises -- tried for years to prevent the hard-working, underpaid nurses at its many medical facilities from voting to have union representation. Then, more than two years ago, after the nurses at Albany Medical Center, by an overwhelming vote, approved union representation by the New York State Nurses Association, management adopted the tactic that many unscrupulous employers use to destroy a fledgling union: denying it a first contract. In response to management’s tactic of bargaining in bad faith, the nurses and their community supporters have staged numerous rallies, picketed, held press conferences, posted lawn signs, and distributed literature. But management stubbornly refused to offer its workers a fair contract. Finally, in the context of a Covid-19 pandemic – when the nurses worked understaffed, without adequate personal protective equipment, and in risk of disease and death – they staged a one-day strike this past December. And what was the response of the management at Albany Medical Center? It not only hired strikebreakers to replace the nurses on that day, but employed these same strikebreakers – at great expense – for an additional two days while it locked out the nurses! This conduct by management of this giant local enterprise is unethical and, furthermore, under the City of Albany’s Code, it is illegal. Therefore, I strongly urge the Albany Common Council to express its dismay with the behavior of Albany Medical Center’s management by passing this resolution calling upon the City of Albany to enforce its code against strikebreakers. Name Arthur Fleischner Address Street Address: 62 Michigan Ave. City: Troy State / Province: New York Postal / Zip Code: 12180 Topic I have lived in Troy, N.Y. for over 40 years and have used Albany Medical Center many times for myself and my family. The nursing staff has always treated us in a professional manner. I am aware that over two years ago, an overwhelming number of nurses voted to unionize; however, Albany Medical Center has refused to agree to a contract. Even more outrageous is their behavior during the unions one day strike when they viiolated an Albany Ordinance against the use of strikebreaking scabs. This law has been on the books for many years and should be enforced. I respectfully request the Albany Common council to follow the law and inpose sanctions against Albany Medical Center. Name Dorothy Tristman Address Street Address: 78 Street Address Line 2: Kakely Street City: Alnany State / Province: NY Postal / Zip Code: 12208 Topic My name is Dorothy Tristman. I have lived in Albany since 1980. During that time, I have received care at Albany Medical Center on numerous occasions. The nurses there have been superb--both professionally, and on a human, personal level. I am so grateful to them, and want them to receive all the benefits and recognition they truly deserve. It is my understanding that for the past couple of years the nurses at Albany Med. have been consistently obstructed in their legal right to organize and get a contract. This frustrating effort culminated in a one day strike by the nurses which was then PUNISHED by the hiring of strike breakers by the wealthy management of Albany Med, and the lock out of the striking nurses for an additional two days. I am told that this effort to punish the striking nurses violated a City of Albany Code against the use of strike breakers. I urge the Common Council to take a stand against this illegal and disgusting behavior on the part of Albany Meds management--frankly, they should be kissing the ground those hardworking nurses walk on!!! Please Albany Common Council--stand with the nurses by supporting the resolution asking the City of Albany to enforce it's code against strikebreaking. Name Charles K. Alexander II Address Street Address: 207 Sheridan Ave., Apt. 4 City: Albany State / Province: NY Postal / Zip Code: 12210 Topic Please support Councilmember Tom Hoey's resolution's calling on the city of Albany to enforce it's existing law against the use of strikebreakers in the city, specifically by Albany Medical Center. Name Greg Giorgio Address Street Address: P.O. Box 74 City: Altamont State / Province: NY Postal / Zip Code: 12009 Topic Strikebreaker’s Law and AMC. While not a city resident, I amSecretary of the Upstate NY IWW. Ranch, with members living and working in Albany. AMC’s forcing nurses of NYSNA out on strike and hiring scabs, while publicly claiming fair bargaining and labor relations is an affront to common sense and the members of my mad every union. The Common Council has the power and legal precedent through an existing law to prevent t this sanctioning of unfair practices to continue threatening the lives and security of nurses at Albany Med. in the midst of a pandemic. Please be attentive to this injustice and please enforce the existing Strikebreakers Law. An injury to one is an injury to all! Thanks. Name Linda LeTendre Address Street Address: 34 Greenfield Ave City: Saratoga Springs State / Province: NY Postal / Zip Code: 12866 Topic Resolution Calling for the enforcement of the City of Albany’s Code Part I: Administrative Legislation / LaborArticle V Strikebreakers I urge you to enforce this code. Nurses do the bulk if the work in our health care system and deserve to be treated with respect, decent wages and working conditions. Name Doug Bullock Address Street Address: 77 Benson St, City: Albany State / Province: -NY - Postal / Zip Code: 12206 Topic Resolution to enforce strikebreaker Ordinance Over 2 years go Nurses at Albany Medical Center (AMC) voted decisively for the Nurses union NYSNA and started negotiations. However AMC had hired an expensive anti-union Law firm which delayed good faith negotiations in order to bring a vote to decertify the union. After that effort failed the union called for a one day strike on 12/1/20with AMC hiring hundreds of replacement workers (scabs) on a 3 day contract which delayed an extra 2 days the job dispute and nurses going back to work. These replacement nurses were paid twice the rate of pay and bused in from all over the USA. This not only was illegal under currern Albany City Code but was also an AMC budget buster. Please pass this Resolution on 2/19/21 and insist on enforcement of the Ordinance which prohibits hiring strike-breakers, Name Lana Cable Address Street Address: 41 Luther Road Street Address Line 2: 41 Luther Road City: Saratoga Springs State / Province: NY Postal / Zip Code: 12866 Topic In defense of Albany Medical Center's dedicated nurses, I wish to protest that Center's recent efforts to quash their union organizing. Not only during the current pandemic, but also during "normal" times, good public health management requires well trained nurses to be given the respect and full support they deserve as mandated by law. Name Bret Benjamin Address Street Address: 37 South Lake Ave City: Albany State / Province: NY Postal / Zip Code: 12203 Topic I strongly support the resolution criticizing Albany Med’s use of strikebreakers. It is outrageous that nurses should be treated with such indignity during a pandemic. The Albany common council should censure the anti-union, anti-worker, and anti-public-health actions of Albany Med. Please pass this resolution. Name D. Alan Curry Address Street Address: 101 S. Pearl SWt. City: Albany State / Province: New York Postal / Zip Code: 12207 Topic This is to encourage the enforcement of the Albany municipal ordinance banning the use of strikebreakers in the current dispute at Albany Medical Center. Name Sandy Steubing Address Street Address: 44 Summit Ave. City: 44 Summit Ave. State / Province: Albany Postal / Zip Code: NY Topic A ban on strike breakers is it worth the law. Why would the common counsel even think of not advocating for enforcement is beyond me. The nurses deserve everything we can give them and more. Please use the ban on strike breakers to rain in the corporate management of Albany med Name Megan Ferry Address Street Address: 101 Fairlawn Ave City: Albany State / Province: NY Postal / Zip Code: 12203 Topic I write in support of Nurses at Albany Med to unionize, and for the Albany Med to release its hiring information on nurse strike breakers to the Albany Common Council Name Daniel Mosquera Address Street Address: 101 Fairlawn Ave City: Albany State / Province: NY Postal / Zip Code: 12203 Topic I'd like to write in firm support of the resolution. It is disheartening to witness that in the middle of a pandemic, the Albany Medical center management branch remains stubbornly married to a business model that is, simply, suicidal. Nurses and health service professionals are a lifeline into the present an d future. We should be treating them with the care and respect they deserve, and treat them with a responsible and responsive attitude that will motivate them to love their work and perform it with the dedication we expect of them. They are community, our community! We should not be fighting for their right to demand fairness! When treated with dignity and given the dignity and independence of work conditions they deserve, everyone wins! That is the ultimate goal of community. It is outrageous that after two years of demanding dignified labor conditions, we have come to this. The city should make Albany Med respond, professionally as well as communal. We, the city, have let them expand not to increase the wealth of a few but to increase the living conditions of the many. And they have ignored their ethical and responsible business calling calling. Society trusts nurses above any other professional entity for very specific reasons. Give them the dignity they deserve! Name Ann Kistler Address Street Address: 19 Crannell Ave City: Delmar State / Province: NY Postal / Zip Code: 12054 Topic My name is Ann Kistler, and I have lived in the Capital Region for 40 years. I reside in Delmar. I am writing to urge the Albany Common Council to stand with the Albany Med nurses by supporting the resolution asking the City of Albany to enforce its code against strikebreaking. It has been upsetting and very difficult to watch how the nurses at Albany Med have been mistreated as they are consistently obstructed from their fully legal right to organize and get a union contract. Albany Med punished the nurses for a one-day strike by hiring (at a huge cost) strike-breakers, and locking the nurses out for two days. Is this the way to treat people who have come to work and put their lives on the line during Covid, and who skillfully administer to us us when we are sick in the hospital? These nurses need and deserve our respect. It is in our best interest to stand with them, to support them, and to demand that they are treated like the professional they are. Anything less is shameful. Name Jose Cruz Address Street Address: 17 Holmes Dale City: Albany State / Province: NY Postal / Zip Code: 12203 Topic It has come to my attention that nurses at Albany Medical Center called a 24-hour strike on December 1, 2020 in response to stalled negotiations and that instead of making an effort to negotiate Albany Medical Center Management hired hundreds of strikebreaker replacement nurses and locked its own nurses out for two days after the strike. Given that the City of Albany has on its books an anti-strikebreaking law I write to ask the Common Council to vote in favor of the resolution sponsored by councilman Tom Hoey calling for the Common Council to expresses its strong displeasure with Albany Medical Center Management at the apparent lack of good faith in its negotiations with the Nurses Union and to enforce its law code and prosecute Albany Medical Center Management for violation of City Law. Name jordan F ferraro ferraro Address Street Address: 8 south allen st City: Albany State / Province: ny Postal / Zip Code: 12208 Topic 19.22.21R Enforce this law. This is a pandemic and these are the people that have been working the hardest to fight it. Don't pay lip service by simply saying we support essential workers, actually do it when the it is within your power to do so. Thank you. Name Katherine Mules Address Street Address: 335 South Main Avenue City: ALBANY State / Province: NY Postal / Zip Code: 12209 Topic I think it's very important that the City of Albany enforce its own laws regarding strikebreaking. Albany Medical Center flagrantly disregarded this law in their treatment towards Albany Med Nurses' strike. Just as OSHA and the National Labor Relations Board have opened investigations into Albany Medical Center for its questionable safety and labor practices, the City of Albany must prosecute those involved in Albany Medical Center's strikebreaking actions to the fullest extend possible, all the way up to its leadership. AMC's leadership had produced the circumstances in which Albany Med Nurses felt obligated to strike, then openly hired strikebreakers in defiance of city law. It is abundantly clear that Albany Med Nurses have Albany residents interests at heart, and that Albany Medical Center's leadership does not. Perhaps, once Albany Medical Center's leaders understand that their actions have consequences, they will begin to make ethical labor and safety decisions instead. MINUTES OF A REGULAR MEETING THURSDAY, February 18, 2021 The Common Council was convened at 7:00 p.m and was called to order by President Ellis. This meeting was held following Governor Cuomo’s executive order 202.1 and it live streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. The roll being called, the following answered to their names: Anane, Balarin, Conti, Doesschate, Farrell, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and President Ellis. *Robinson was not present during roll call but joined the meeting in progress Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, Brett Williams, and Michele Andre. Council President Ellis led the Pledge of Allegiance. PUBLIC COMMENT PERIOD 1) Fred Pfeiffer, 124 North Pine, Albany, NY (Resolution 19.22.20) 2) Doug Bullock, Albany, NY (Resolution 19.22.20) *Written comments were read by the City Clerk for the record and received from: 1. Hannah Crodelle, 4 Shelbourne Dr, 9. Lawrence Wittner, 78 Kakely St., Loudonville, NY (Brogen Project) Albany, NY (Resolution 19.22.20) 2. Ann Kistler, 19 Crannell Ave., Albany, 10. Daniel Mosquera, 101 Fairlawn Ave., NY (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 3. Bill Ritchie, 196 Mount Hope Drive, 11. Megan Ferry, 101 Fairlawn Ave., Albany, NY (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 4. Ray Bromley, 7 Berkshire Blvd., 12. Sandy Steubing, 44 Summit Ave., Albany, NY (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 5. James Kaufman, PO Box 77, East 13. D. Alan Curry, 101 S. Pearl St., Albany, Berne, NY (Resolution 19.22.20) NY (Resolution 19.22.20) 6. Charles K. Alexander, 207 Sheridan 14. Bret Benjamin, 37 South Lake Ave., Ave., Albany, NY (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 7. Dorothy Tristman, 78 Kakely St., 15. Lana Cable, 41 Luther Rd, Saratoga Albany, NY (Resolution 19.22.20) Springs, NY (Resolution 19.22.20) 8. Arthur Fleischner, 62 Michigan Ave., 16. Angela Kaufman, 1438 Rt 9P, Saratoga Albany, NY (Resolution 19.22.20) Springs, NY (Resolution 19.22.20) 17. Linda LeTendre, 34 Greenfield Ave, 30. Clayton Bradt, 72 Zabel Hill Rd, Feura Saratoga Springs, NY (Resolution Bush, NY (Resolution 19.22.20) 19.22.20) 31. Keth Estes, 391 Madison Ave., Albany, 18. Greg Giorgio, PO Box 74, Altamont, NY (Resolution 19.22.20) NY (Resolution 19.22.20) 32. Candace Lider, 1501 Siver Rod, 19. Jose Cruz, 17 Holmes Dale, Albany, NY Guilderland, NY (Resolution 19.22.20) (Resolution 19.22.20) 33. Rev. Ibrahim Pedrinan, PO Box 13282, 20. Jordan F. Ferraro, 8 South Allen St. Albany, NY (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 34. Sean Collins, 300 3rd St., Albany, NY 21. Katherine Mules, 335 South Main Ave., (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 35. Jonathan Flanders, 25 Mellon Ave., 22. Susan DuBois, 24 Jeanette Street, Albany, NY (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 36. Sheryl DeCrosta, 122 Thornton Street, 23. James Collins, 360 Partridge St., Albany, NY (Resolution 19.22.20) Albany, NY 12208 37. Pat Whalen, 626 Boght Rd., Cohoes, 24. Ava DeSantis, 273 Kenwood Ave., NY (Resolution 19.22.20) Delmar, NY (Resolution 19.22.20) 38. Barbara Baxter, 255 Gorgetown Ct, 25. Cas Farrugia, 45 Columbia St., Albany, Albany, NY (Resolution 19.22.20) NY (Resolution 19.22.20) 39. Jonathan Skinner, 363 Patridge St., 26. Colin Clark, 31 Elm Street, Albany, NY Albany, NY (Resolution 19.22.20) (Resolution 19.22.20) 40. Paul Stasi, 10 S. Lake Ave., Albany, NY 27. John Davis, 9 Bogardus Rd. Albany, NY (Resolution 19.22.20) (Resolution 19.22.20) 41. Steve Zahurak, 1070 Day Road, 28. Thomas Costello, 37 Melrose Ave., Schenectady, NY 12303 (Resolution Albany, NY (Resolution 19.22.20) 19.22.20) 29. Cari Gardner, 26 S Greenwood Ln., Albany, NY (Resolution 19.22.20) President Pro Temp Kimbrough made a motion to extend public comment period, motion was accepted and approved. Public comment period was extended (30 minutes) to allow for the reading of all the above public comment. Once the written comments were read for the record and there being no further speakers, the President declared the Public Comment Period closed. Approval of Minutes President Pro Tem Kimbrough made a motion to approve the minutes of February 1, 2021 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Farrell noticed Local Law B of 2021 as follows, asked passage and a roll call vote thereon: LOCAL LAW B OF 2021 LOCAL LAW AMENDING ARTICLE II (ASSESSMENT AND COLLECTION OF TAXES) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DELAYING THE IMPLEMENTATION OF INTEREST ON DELINQUENT TAX BILLS DURING THE STATE OF EMERGENCY CAUSED BY THE COVID-19 PANDEMIC The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article II of Chapter 333 of Part II of the Code of the City of Albany is hereby amended by adding thereto a new Section 333-33.3 entitled, “Delayed imposition of interest on taxes and penalties during the COVID-19 pandemic,” to read as follows: Section 333-33.3. Delayed imposition of interest on taxes and penalties during the COVID- 19 pandemic. A. Pursuant to the authority granted in section 1910 of the New York State Real Property Tax Law, the City Treasurer is authorized to delay the implementation of interest on delinquent 2021 City tax bills and any penalties associated therewith until May 31, 2021. B. Pursuant to the authority granted in section 1910 of the New York State Real Property Tax Law, and upon passage of a local law authorizing the City Treasurer to do so, the City Treasurer is authorized to delay the implementation of interest on delinquent 2021 County tax bills and any penalties associated therewith until May 31, 2021. C. This section shall be deemed repealed on June 1, 2021. Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State, and shall remain in effect until June 1, 2021, upon which date it shall be deemed repealed. * Council Member Anane spoke on the Local Law prior to passage Local Law B of 2020 was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien There being no further discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien Affirmative 14 Negative 0 Abstain 0 Council Member Anane noticed Local Law G of 2018 (A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 39 ENTITLED“ CITY OF ALBANY COMMISSION ON MUNICIPAL INTERNET SERVICE ” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO RESEARCHING THE LOGISTICS AND FINANCING OF A CITY OWNED HIGH SPEED INTERNET SERVICE. AND REQUIRING THE COMMISSION TO MAKE FINDINGS AND RECOMMENDATIONS TO THE MAYOR AND THE COMMON COUNCIL REGARDING THE CREATION OF SUCH INFRASTRUCTURE) as follows, asked passage and a roll call vote thereon: * Council Member Anane, Fahey, Hoey, Balarin, and Johnson spoke on the Local Law prior to passage Local Law G of 2018 was co-sponsored by Council Members Balarin, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, and O’Brien There being no further discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Conti noticed Local Law J – 2020 As Amended as follows, which was held for further consideration: LOCAL LAW J of 2020 (As Amended 02/11/2021) A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF THE CPRB BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Article XLIV (General Provisions) of Part 33 (Community Police Review Board) of Chapter 42 (Departments and Commissions) of Part I of the Code of the City of Albany is amended to read as follows: § 42-332. Legislative findings; purpose. A. The Common Council hereby finds and declares that abuse of authority, incivility, rudeness, prejudice or discrimination based upon race, gender, color, national origin, economic status, religion, age, sexual orientation, marital or domestic partner status, or mental or physical ability has no place in the actions, customs, practices, policies or procedures of the City of Albany Police Department. B. The Common Council further finds and declares that it is in the public interest of the City of Albany to have an independent mechanism to fairly review the conduct of law enforcement officials. C. The Common Council further finds and declares that the conduct of law enforcement officials is subject to public, departmental and executive scrutiny and accountability. D. The Common Council further finds and declares that an effective program to improve the relationship between the community and the Albany Police Department requires certain independent authority and power to review the handling of complaints of police misconduct. E. The purpose of this Part 33 is to create an independent review body with respect to complaints of misconduct by officers of the Albany Police Department. The remedies created by this Part 33 are in addition to any others provided by common law or statute. Its goals are to improve communication between the Police Department and the community, to increase police accountability and credibility with the public and to create a complaint review process that is free from bias and informed of actual police practices. § 42-333. Definitions. For purposes of this Part, the following words and phrases shall have the meanings described in this section: ADMINISTRATIVE AGENCY The Agency responsible for administration of the CPRB pursuant a Request for Qualifications (RFQs), as described in §42-352. APD The City of Albany Police Department CHIEF The Chief of Police of the Albany Police Department. COMPLAINT A written statement concerning police conduct which is either submitted to the Community Police Review Board for filing with the Albany Police Department or filed directly with the Albany Police Department. CPRB The Community Police Review Board. GENDER Shall have the same meaning as set forth in section 48-25 (Definitions) of Article III (Omnibus Human Rights Law) of Chapter 48 (Equal Opportunity Protections) of this Code. GOVERNMENT LAW CENTER The Government Law Center of Albany Law School. MEDIATION A structured dispute resolution process in which a neutral third party assists the disputants by facilitating a nonbinding intervention. OFFICER Any sworn police officer of the City of Albany Police Department affected by an individual's complaint. PROFESSIONAL STANDARDS (OPS) The Professional Standards Unit of the City of Albany Police Department. § 42-334. CPRB establishment; appointment of members; funding. A. There is hereby established a Community Police Review Board (CPRB) comprised of nine members, five of whom shall be appointed by the Common Council and four of whom shall be appointed by the Mayor. B. Members shall be appointed for three-year terms; provided, however, that: (1) Of members initially appointed by the Common Council: one shall be for a term of one year; two shall be for a term of two years; and two shall be for a term of three years. (2) Of members initially appointed by the Mayor: one shall be for a term of one year; one shall be for a term of two years; and two shall be for a term of three years. C. No member of the CPRB shall serve for a period which exceeds two full consecutive terms; provided, however, that a member may be considered for reappointment to the CPRB after one year of nonmembership. D. Members shall continue to serve on the CPRB until their successors have been appointed. E. Annually, the members of the CPRB shall elect from their membership a member to serve as Chair. F. Upon submission to the Common Council, the annual proposed City of Albany operating budget shall include a separate appropriation to fund CPRB operations in an amount which is not less than one-percent of the total proposed budget of the Albany Police Department. G. The Corporation Counsel shall advise and represent the Board as it would other public boards in accordance with applicable state and local law(s). Additionally, the CPRB may seek and retain separate legal counsel, whether on staff or contract, for any purpose otherwise authorized under this Part 33 in addition to utilization of the services of the Corporation Counsel at the CPRB’s discretion. H. The CPRB shall annually adopt an operating budget within amounts available which, upon adoption, shall be transmitted to the Mayor and members of the Common Council. All contracts for outside services (legal or other) shall be procured in accordance with applicable procurement requirements.. § 42-335. Removal of members; filling of vacancies. CPRB members may be removed [from the CPRB] at any time for cause by a [2/3] two-thirds vote of the Common Council. Any vacancy occasioned by resignation, death or removal of a member shall be filled within 60 days in the same manner as the predecessor to fill the unexpired term. § 42-336. Qualifications of members. A. Members of the CPRB shall reside in the City of Albany and possess a reputation for fairness, integrity and responsibility and have demonstrated an active interest in public affairs and service. B. The Common Council and the Mayor shall endeavor to reflect community diversity in their appointments, including income level, race, ethnicity, age, gender, sexual orientation and experience, and shall, in their appointments, solicit recommendations from the community. Officers (as defined in the City of Albany Charter), current employees of the City of Albany and the immediate relatives of officers and employees shall not be eligible for appointment. C. Members of the CPRB and their immediate family shall not be former employees of APD. § 42-337. Quorum. Five members of the CPRB shall constitute a quorum. Five votes shall be required for any action. § 42-338. Bylaws and rules. The CPRB, with the advice and assistance of the Government Law Center Administrative Agency, shall adopt, and the Common Council shall approve, rules and bylaws for the transaction of CPRB affairs, including the manner of calling and giving notice of special meetings and the appointment and duties of any special committees. § 42-339. Training and orientation of members. The Government Law Center Administrative Agency shall coordinate and conduct training and orientation of CPRB members and recommend for adoption by the Common Council written standards for orientation of appointees and continuing training of all CPRB members. Completion of the orientation program concerning the goals, powers and procedures of the CPRB is required before a member may participate as a voting member. In addition, graduation from the Albany Police Department's Community Police Academy (the curriculum of which shall include training in the laws applicable to public record concerns, internal affairs investigations, confidentiality issues and liability statutes; training in police procedures; participation in ride-alongs; defensive tactics training; firearms familiarization; and emergency vehicle operations) within six months of the start of the member's term is required. Further, the Government Law Center Administrative Agency shall provide to CPRB members, and the members shall undergo, continuing education on issues related to the interaction between civilians and police officers from the perspectives of both the complainant and the police officer and shall additionally include a review and update of relevant federal and state statutory amendments and case law. Further, at least one member of the CPRB shall be designated to become a member of the National Association of Civilian Oversight of Law Enforcement, and at least one member shall attend its annual conference. § 42-340. Recommendations, reports, data collection and analysis. A. The CPRB may make recommendations to the Common Council and the Mayor regarding police policies and practices relevant to the goals of community policing and the exercise of discretionary authority by police officers. B. The Government Law Center Administrative Agency shall submit an initial evaluation of the process provided for in this Part 33, one year after the establishment of the CPRB. C. B. The Government Law Center Administrative Agency, on behalf of the CPRB, shall file quarterly and annual reports with the Common Council and the Mayor which contain statistics and summaries of complaints, including a comparison of the CPRB's findings with the final determinations of the Department. The Government Law Center Administrative Agency shall contract with one or more local colleges, universities or research institutions to conduct surveys of complainants concerning the level of their satisfaction with the process and to conduct surveys of the community to get feedback concerning the CPRB and the Police Department. The results of those surveys shall be reported to the CPRB, the Chief and the Common Council. In addition, the Government Law Center Administrative Agency shall collect data concerning alleged offenses and offenders and report this data to the Chief. The Chief shall analyze and use the data concerning repeat alleged offenses and offenders to implement an "early warning system" to track repeat alleged offenses and offenders reported to CPRB and the Police Department. D. C. The Chief shall issue a quarterly report to the CPRB on disciplinary investigations and action taken within the department and resolutions thereof. Such reports shall include both individualized information about specific cases and aggregate information. Additionally, the CPRB is authorized to request a report from the Chief on whether disciplinary action was taken in any specific case. E. D. The CPRB may perform, or cause to be performed, an audit to assess the investigation and adjudication of civilian complaints. § 42-341. Member responsibilities. CPRB members shall: A. Maintain absolute confidentiality with respect to confidential or privileged information they receive and maintain a thorough knowledge of the legal protection accorded to police records, including the penalties imposed for violations. B. Obey all laws respecting individuals' rights of privacy and confidentiality of records. C. Not remove any Police Department, Professional Standards, personnel or other confidential files, records or tapes from City offices except as authorized under this article D. Excuse themselves from participating in the review of any complaint in which they have a personal, professional or financial conflict of interest. E. Conduct themselves at all times in a manner that will maintain public confidence in the fairness, impartiality and integrity of the CPRB and refrain from making any prejudicial comments with respect to the CPRB, complainants or police officers. F. Participate in orientation and training programs in accordance with § 42-339 of this Part. § 42-342. Filing of complaints Initiation of Complaints. Complaints concerning police conduct shall be filed with the Police Department or submitted to the CPRB for filing with the Police Department as provided in this section. The CPRB may designate one or more locations for the submission of complaints for filing with the Police Department. A. Complaints shall be lodged in writing using the City of Albany Police Department Complaint Form as approved by the CPRB for that purpose and shall be signed by the complainant. Complaint forms shall be printed in English and Spanish and shall be available at any City of Albany Police Department facility, the City Department of Administrative Services, the City Clerk’s office and any other location designated by the CPRB. B. A copy of each complaint submitted to the CPRB for filing with the Police Department shall be forwarded to the Police Department within two working days of its receipt; additionally, a copy of each complaint submitted to the Police Department (other than those submitted by the CPRB) shall be provided to the CPRB within two working days of receipt by the Department. Upon receiving a complaint, the CPRB shall notify the complainant of the City’s mediation program established in accordance with § 42-346 of this Part 33. C. Complaints shall be filed within [six months] 180 days of the date of the incident giving rise to the complaint. Complaints filed after [six months] 180 days of the alleged misconduct shall, however, be returned, or accepted and reviewed by the CPRB upon a majority vote of its members to do so. The complainant shall be notified by the Board of the decision as to whether the complaint be returned, or accepted and reviewed. A. Complaints may be received directly by the CPRB, or upon referral from OPS, the Mayor, the Common Council, any Council Member, the City Clerk, or the Chief. Any complaint received and accepted by the CPRB shall be transmitted to OPS, and any complaint received and accepted by OPS shall be transmitted to the CPRB. Complaints shall be filed within 180 days of the date of the incident giving rise to the complaint. B. The CPRB shall receive complaints by telephone, in person, by mail, email or web form. Complaints shall be received and considered whether submitted under signature or anonymous. Efforts to simplify the procedure shall be made to encourage filing. Professional standards of confidentiality with regard to the written release of information and informed consent shall apply to all complaints filed. With respect to the confidentiality of all interested parties, the CPRB shall comply with all local, state, and federal laws. C. Before proceeding with the complaint process, the CPRB shall make the complainant aware of and provide a referral to organizations that advocate for people who have experienced police misconduct and can explain the process of the CPRB and other options that exist beyond the CPRBs jurisdiction. D. The CPRB shall have full access to information about any officer involved in the events that are the subject of a complaint, including information about prior complaints involving that officer and any action taken in response to those complaints. It shall be within the discretion of the CPRB whether to discuss in a public meeting, or include in the CPRB’s findings, or otherwise make public, such information that is not otherwise subject to confidentiality standards. E. When a complaint is filed, and OPS is in the possession of any audio or video footage pertaining to the incident (including, but not limited to, body camera footage and dash- board camera footage), OPS shall make such footage available for any members of the CPRB upon request. If OPS fails to make the footage available within fourteen days of the request, it shall forward a notice to the CPRB and the Common Council explaining the delay. Upon request of the CPRB, the Common Council may, after consideration, direct the release of such footage to the CPRB notwithstanding the requested delay. It shall be within the discretion of the CPRB whether to discuss in a public meeting, or include in the CPRB’s findings, or otherwise make public, such information. F. When a complaint is filed, the Chief or their designee and the CPRB shall, pursuant to §42-347, determine whether the mediation is appropriate. § 42-343. Review of complaints Powers and Duties. Review of the complaint shall proceed as provided in this section. A. Professional Standards shall investigate every complaint filed. The Chief shall file with the CPRB [quarterly] monthly reports on the status of the investigation of each complaint. B. In the event that a complaint alleges the use of excessive force or a violation of civil rights, the definition of which shall include complaints pertaining to sexual orientation, the CPRB shall appoint an individual to: (1) Observe and monitor the Professional Standards investigation of such complaint from the outset of the investigation; and (2) Report to the CPRB and the Chief as to the conduct of the investigation. Such report may recommend additional witnesses whose statements should be taken, additional questions which should be answered and additional documents or other evidence which should be reviewed. Such report may cite deficiencies, if any, in the investigation, including whether the number of witnesses questioned by Professional Standards, the scope of the questions asked of them and the review of documents or other evidence was sufficient. The individual shall be selected on a rotating basis from the panel of investigators established in accordance with Subsection H of this section. C. Professional Standards, with the advice and assistance of the Government Law Center, shall develop procedures and practices for the conduct of investigations of complaints, including procedures and practices for briefing and communicating with the appointed individuals referenced in Subsection B of this section. The Government Law Center shall periodically review and make recommendations to Professional Standards with regard to such procedures and practices. D. Professional Standards shall begin its investigation of each complaint immediately upon receipt of the complaint. If Professional Standards fails to conclude its investigation within 60 days of receipt of the complaint, it shall advise the CPRB and the Common Council in writing of the status of the investigation and the estimated time for the conclusion of the investigation. Thereafter, Professional Standards shall advise the CPRB and the Common Council in writing of the status of the investigation every 30 days until the conclusion of the investigation. E. Within 10 working days of the conclusion of the Professional Standards investigation, the Chief of Police shall submit a preliminary report of the Department's findings to the CPRB. F. After review and deliberation of the preliminary report of the Department's findings, the CPRB shall: (1) Render its finding pursuant to § 42-344 of this Part 33; or (2) Request that Professional Standards conduct further investigation of the complaint; or (3) Obtain further case-specific information from the Chief, including written materials, audio- or videotapes and related documents. G. In the event that the CPRB is dissatisfied with the extent and/or the quality of the further investigation referenced in Subsection F(2) of this section, it shall promptly inform the Mayor, the Common Council, and the Chief, in writing, of the specific deficiency in the investigation. At that point, the Mayor and the Chief shall be responsible for reviewing the investigation in full to gather whatever additional information may be necessary to meet the requirements of the CPRB. The Mayor and the Chief shall have three weeks to respond to the CPRB. Such process shall allow the full force and authority of the Office of the Mayor, including the ability to compel employee testimony, to be provided on behalf of the CPRB. The Mayor and the Chief shall have three weeks to respond to the CPRB. H. In the event that the CPRB is dissatisfied with the extent and/or the quality of the Mayor's and the Chief's review of the investigation, or does not receive a timely response in accordance with subsection G of this section, it shall promptly inform the Common Council, in writing, of the specific deficiency in the investigation. In such event, the CPRB may [seek authorization from the Common Council to] conduct[, on the Common Council's behalf,] an investigation with the services of an outside independent investigator. The investigator shall be selected on a rotating basis from a panel of investigators comprised of certified investigators, attorneys, retired judges and the like who are recommended by the Government Law Center and approved by the Common Council and the Mayor. The Government Law Center, the Common Council and the Mayor shall endeavor to reflect community diversity in this panel of investigators. The use of an outside independent investigator, however, shall be limited to complaints alleging use of excessive force or civil rights violations, the definition of which shall include complaints pertaining to sexual orientation. Outside independent investigators shall have access to the same information to which the CPRB shall have access. Furthermore, in the event that the CPRB is dissatisfied with the extent and/or the quality of the Mayor's and the Chief's review of the investigation of a complaint alleging the use of excessive force or the violation of civil rights, it may [request that the Common Council use its subpoena power pursuant to Article 4, Section 407, of the City Charter] issue subpoenas to call witnesses, up to and including APD employees, and victims, and require the production of documents for purposes of the CPRB's review of the extent and quality of the investigation. The [Common Council] CPRB shall use its subpoena authority in a manner consistent with applicable legal requirements and appropriate safeguards for confidentiality and due process. A. The CPRB shall have the power to conduct independent investigations as it deems warranted, even in the absence of a complaint being filed with either OPS or CPRB; the power to issue subpoenas to compel testimony and the production of evidence, and the power to discipline Officers if a complaint of misconduct is sustained subject to due process procedures and findings. B. The CPRB shall establish a disciplinary matrix in conjunction with the Chief. Such matrix shall include clearly delineated penalty levels with ranges of sanctions which progressively increase based on the gravity of the misconduct and the number of prior sustained complaints. The CPRB, in consultation with the Chief, shall review the disciplinary matrix annually, and consider any recommended changes. The CPRB shall also seek input from the public while establishing and reviewing disciplinary matrices. The Chief shall decide the final version of the disciplinary matrix to be used after public input facilitated with the CPRB. C. The CPRB shall periodically review and assess APD policies, procedures, patterns, practices and training and may recommend changes to the APD. Written acknowledgment of receipt of recommendations will be sent to the Chair of CPRB from the Chief within 60 days with a detailed listing of what items are and are not being implemented. D. The CPRB and the Chief shall establish a cooperative relationship to ensure the orderly and efficient flow of information. E. Accessibility. 1) The CPRB shall provide or arrange language access for limited- or non-English-proficient complainants and witnesses at all stages of the investigative and adjudicative process. Language access shall be available during all operating hours of the CPRB. 2) The CPRB shall provide reasonable accommodations in accordance with federal, state and local law to individuals with disabilities at all stages of the investigative and adjudicative process. Such accommodations shall be available during all operating hours of the CPRB and shall include but not be limited to: accessible means of egress, accessible means of communication via auxiliary aids or services giving primary consideration to preferences of the individual deserving such services, and access to ASL interpreters. G. Investigation of complaints. 1) The CPRB may interview complainants, witnesses and APD officers, and gather relevant evidence. OPS shall provide the CPRB with written notice of the commencement of any investigation, and likewise, the CPRB shall provide the OPS with written notice of the commencement of any investigation. 2) The CPRB shall have the power to investigate any and all conduct, acts or omissions by any APD officer independent of any investigation conducted by OPS. 3) Subpoenas may be issued by the CPRB at any time during the review and adjudication processes. Such subpoenas may compel the attendance of witnesses, APD officers, APD employees, and/or persons, and require the production of records and other materials, including records of the APD, other persons or other agencies. A copy of any subpoena served upon an APD officer or employee shall also be delivered to the Chief. CPRB subpoenas are enforceable pursuant to relevant provisions of Article 23 of the New York Civil Practice Law and Rules. 4) Upon receipt of a complaint, within the time frame allotted in accordance with any applicable police collective bargaining agreement, OPS shall provide to the CPRB its entire investigative case file related to the complaint. Thereafter, OPS shall send any newly acquired evidence to the CPRB within five business days of the acquisition of the evidence. If OPS makes any findings with respect to the complaint, they shall send all such findings to the CPRB within five business days. 5) One police officer holding the rank of Captain or higher shall be made available by the Chief to the CPRB at the CPRB’s request to serve as a consultant or advisor should questions arise from members of the CPRB regarding specific police practices, policies, or general orders. The officer so assigned shall be neither from OPS nor the Commanding officer of the officer(s) involved in the case being reviewed. 6) A complainant may, at any time, decline to have their complaint investigated and reviewed by the CPRB. Such declination must be made in writing. 7) Statements made by complainants, APD officers or employees, or witnesses are subject to the CPRB’s determinations of weight and credibility. Participation or lack of participation in the hearing process may be considered by the CPRB as one factor in their determination of credibility. 8) The Chief shall take no final action on a complaint, whether received directly by the APD or by the CPRB, until receipt of the CPRB’s findings and decision, or notice that the CPRB has determined no disciplinary action is appropriate. Nonetheless, the Chief shall retain the authority to suspend an APD officer during the investigation and adjudication of a complaint against the APD officer, as well as the authority to impose any additional discipline for an Officer above and beyond that recommended by the CPRB. Any documentary information that the Chief discusses in public or with the media must be made available to the CPRB. § 42-344. Findings of the CPRB. A. The CPRB, after review and deliberation of an investigation, shall, by majority vote, make one of the following findings on the case: (1) Sustained: where the review discloses sufficient facts to prove the allegations made in the complaint. (2) Not Sustained: where the review fails to disclose sufficient facts to prove or disprove the allegation made in the complaint. (3) Exonerated: where the acts which provide the basis for the complaint occurred, but the review shows that such acts were proper. (4) Unfounded: where the review shows that the act or acts complained of did not occur or were misconstrued. (5) Ineffective Policy or Training: where the matter does not involve guilt or lack thereof, but rather ineffective departmental policy or training to address the situation. (6) No Finding: where, for example, the complainant failed to produce information to further the investigation; or where the investigation revealed that another agency was responsible and the complaint or complainant has been referred to that agency; or where the complainant withdrew the complaint; or where the complainant is unavailable to clarify the complaint [; or where the officer is no longer employed by the City]. B. If the CPRB fails to render a finding referenced above within 60 days of its receipt of the preliminary report of the Department's findings, the complaint file shall be returned to the Chief for disposition of the matter, unless the CPRB shall advise the Chief, the complainant and the affected officer in writing of the reason for the delay in rendering its finding. In such case, the CPRB shall provide the Chief, the complainant and the affected officer with monthly updates on the status of the complaint. In any event, if the CPRB fails to render a finding referenced above within 120 days of its receipt of the preliminary report of the Department's findings, the complaint file shall be returned to the Chief for disposition of the matter. § 42-345. Final determination. At the conclusion of its review, the CPRB shall make its finding known to the Chief, the affected officer and the complainant within 30 days. The Chief of Police shall review the Department's preliminary report in light of the CPRB's finding and then make the Department's final determination known to the CPRB, the affected officer and the complainant. In the event that the Department's final determination is inconsistent with the CPRB's finding, the CPRB may request that the Chief provide a written explanation of the Department's final determination. § 42-346. Mediation process. A. A mediation process shall be established and coordinated by the Government Law Center Administrative Agency in accordance with this section. B. Mediation shall be conducted at no cost to the complainant or officer by highly trained and experienced mediators selected from a list compiled by the Government Law Center Administrative Agency and approved by the Common Council and the Mayor. The Government Law Center Administrative Agency, the Common Council and the Mayor shall endeavor to reflect community diversity in this list of mediators. The Government Law Center Administrative Agency shall develop an appropriate training curriculum which each mediator shall be required to complete. Each mediator shall be a graduate of the Albany Police Department's Community Police Academy. In addition, the Government Law Center Administrative Agency shall provide to the mediators, and the mediators shall undergo, continuing education on issues related to the interaction between civilians and police officers from the perspectives of both the complainant and the police officer. C. Upon receipt of complaint, unless the case involves an allegation of excessive force, an alleged violation of civil rights or an allegation of criminal conduct against an officer, or the complaint is a result of an incident that involves an arrest, or if there was an injury to either party, or if there was property damage by an officer, the complaint will be considered appropriate for mediation. D. An eligible complaint shall be reviewed for potential recommendation for mediation by the Board and by the Chief or his designee. Five members of the Board will be contacted by the Government Law Center Administrative Agency and a decision made as to appropriateness for mediation by a majority of those five members. A decision regarding mediation shall be made within two business days by both the Board and the Chief. If either the Board or the Chief finds a complaint inappropriate for mediation, then the matter shall be referred to OPS for investigation consistent with this article. E. If the Board and the Chief recommend a complaint for mediation, both the complainant and the officer will have the option of electing to continue with the mediation process. If either party declines mediation, then the matter shall be referred to OPS for investigation consistent with this article. F. If the parties agree to mediate, then the complaint will not be investigated by the Police Department regardless of the outcome of the mediation. G. If the parties agree to mediate, the process shall follow the mediation protocols adopted by the CPRB. H. Every reasonable effort shall be made to schedule mediation during an officer's normal working hours. I. Mediators shall conduct mediation sessions with officers and complainants at times and places agreed upon by the parties. J. In conducting the mediation, the mediators may not impose an outcome on the parties. K. Mediation sessions shall be closed to the public. Matters discussed shall be confidential. L. Statements and records disclosed during mediation may not be disclosed or introduced in evidence during any judicial or administrative proceeding, and mediators may not be compelled by a subpoena to give testimony or produce anything related to the mediation. M. Upon the completion of the mediation process, the CPRB shall issue a finding of "Mediated," and the allegations shall be deleted from the officer's CPRB history. § 42-347. Meetings. A. The CPRB shall hold its first meeting within 30 days after a quorum of its members has completed the orientation program. At that meeting, the CPRB shall fix the time and place for its regularly scheduled meetings. B. The CPRB may conduct both public and closed meetings as allowed or required by the Open Meetings Law. C. The Chief shall designate a representative from Professional Standards to attend meetings of the CPRB and to provide information and advice to the CPRB. The representative shall not be viewed as a member of the CPRB. D. Officers and complainants may attend meetings of the CPRB. E. The Government Law Center Administrative Agency shall provide all staff services to the CPRB, including the maintenance of CPRB files and records. Furthermore, the Government Law Center Administrative Agency shall be responsible for the preparation of CPRB reports and review findings and recommendations referenced in this Part. § 42-348. Suspension of proceedings. Upon the written recommendation of the Corporation Counsel, the Common Council [or] and the Mayor concurrently may suspend the CPRB review of any complaint where a separate criminal investigation is underway or where a civil action against the City is underway or pending. Upon the conclusion of such separate proceedings, the CPRB may resume or undertake its review. § 42-349. Information sharing. The CPRB shall forward, in writing, to the Chief any new case-specific information it obtains during the course of an investigation concerning an incident or practice subject to a complaint. Similarly, during the course of a CPRB review, the Chief shall forward to the CPRB, in writing, any new case-specific information the Chief obtains after the conclusion of the Professional Standards investigation and the submission of the Department's preliminary report to the CPRB referenced in § 42-343 of this Part concerning an incident or police practice subject to a complaint. § 42-350. Community outreach. The CPRB, with the assistance of the Government Law Center Administrative Agency, shall inform the public about the CPRB and its duties. It shall develop and administer an ongoing program for the education of the public as to the mission and purposes of the CPRB process and the law established by this Part, which shall include the use of informational pamphlets and seminars. § 42-351. Retention of administrative agency. In consultation with the CPRB and the Common Council, the Administrative Agency shall be retained pursuant to a request for qualifications (RFQ), periodically issued by the Corporation Counsel, to undertake the administrative functions of such agency as set forth in this Part 33. Such agency shall have the capacity to undertake legal and other research as necessary, development of administrative procedures, and statistical and report compilation in addition to such other functions set forth in this Part. § 42-352. Construction of Part. The purposes of this Part favor resolution of ambiguity toward the goal of promoting public documentation and openness in the resolution of complaints of misconduct by police officers. This Part shall be deemed to supersede and repeal any and all provisions of local laws or local administrative orders which are inconsistent or conflict with any provisions of this Part. No report, finding or determination made pursuant to this Part shall in any way conflict with or abridge the rights of complainants or officers guaranteed by the United States Constitution, the New York State Constitution or any federal or state law, rule, regulation or administrative order. § 42-353. Severability. If any clause, sentence, paragraph, sections or part of this Part shall be adjudged by any court of competent jurisdiction to be invalid or otherwise unenforceable, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, sections or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 2. Until such time as an administrative agency for the Community Police Review Board is retained in accordance with Article XLIV (General Provisions) of Part 33 (Community Police Review Board) of Chapter 42 (Departments and Commissions of the Code of the City of Albany, as amended by section 1 of this local law, the Government Law Center shall continue to serve in such capacity and any contractual agreements shall be adjusted accordingly. Section 3. This local law shall take effect upon final passage, public hearing, filing with the Secretary of State, and referendum, provided however that subsections (F) and (H) of Section 42-334 of Part 33 (Community Police Review Board) of the Code of the City of Albany as added by section 1 of this local law , shall take effect January 1, 2022, and provided further that the provisions of such subsection (F) shall be applicable to the City of Albany operating budget for fiscal year 2022, and provided further the CPRB in cooperation with the administrative agency may take such actions as necessary prior to any effective date to ensure the timely implementation of the provisions herein. Council Member Conti noticed Local Law M – 2020 As Amended as follows, which was held for further consideration: Local Law M of 2020 (as amended 2/18/21) A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION) OF ARTICLE XII (GENERAL PROVISIONS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE JURISDICTION OF THE HISTORIC RESOURCES COMMISSION TO REVIEW EMERGENCY ACTIONS RELATING TO LANDMARKS OR PROPERTY WITHIN HISTORIC DISTRICTS AND FURTHER PROVIDING FOR A REPORT ON EMERGENCY DEMOLITION AND STATBILIZATION PROCEDURES BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Subsection B of section 42-85 of Part 4 of Article XII of Chapter 42 of the Code of the City of Albany is amended by adding a new paragraph (13) to read as follows: (13) Making recommendations to the Mayor and Common Council concerning emergency actions relating to landmarks or property within historic districts. Section 2. Part 4 of Article XII of Chapter 42 of the Code of the City of Albany is amended by adding a new section 42-91 to read as follows: § 42-91. Review of emergency actions. A. The Commission shall review orders for emergency actions relating to landmarks or property within historic districts after receiving notification pursuant to section 133-55 of this code. B. The Commission, in consultation with the Department of Buildings and Regulatory Compliance, shall prepare and submit an annual report to the Mayor and Common Council on or before April 1 of each year concerning emergency actions pursuant to section 133-55 of this code relating to landmarks or property within historic districts. Such report shall include, but need not be limited to, the following: (1). The number and locations of emergency actions undertaken in the previous calendar year, including maps depicting locations within each historic district and the city as a whole; (2). A description of the architectural and historic merit of landmarks or property within an historic district subject to an emergency action in the previous calendar year, the causes or factors contributing to such actions, and the effects of such action on surrounding buildings or structures; (3). Recommendations, if any, to identify and encourage the stabilization of landmarks and property within historic districts, in order to prevent emergency actions. Section 3. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. President Pro Tem Kimbrough held the remaining Local Laws on the pending agenda. REPORTS OF STANDING COMMITTEES: Planning, Economic Development: Council member Fahey reported that the committee met on February 3, 2021 to review Ordinance 46.122.20 and Local Law G of 2018. The committee also met on February 16, 2021 to review Local Law M of 2020, Ordnance 21.92.20 and Ordinance 46.122.20. Capital Hills Golf Course SubCommittee: Council Member O’Brien reported that the committee met on February 22, 2021 at 5:30PM to discuss golf course with Dept of General Services, Dept of Recreation and Golf Course Superintendent. Finance, Assessment and Taxation: Council Member Farrell report the committee will meeting March 4, 2021 at 5:30PM to review Ordinance 44.122.20, Ordinance 45.122.20, and Resolution 13.21.21R. Ordinance 44.122.20 will close and discontinue Scott Street. If approved, Scott Street would be sold to South End Development for inclusion in the development of the Seventy-Six project. Ordinance 45.122.20 is to sell Scott Street to South End Development, LLC for inclusion in the development of the Seventy-Six project. Resolution 13.21.20R requested that the vacant Human Resources Generalist 1 position present in the office’s budget for this year be changed to Human Resources Generalist 3 position, together with the concomitant increase in salary as soon as possible. The Committee will also get an update on City finances by City Treasurer Darius Shahinfar and Budget Director Michael Wheeler. Council Operations and Ethics: Council Member Conti will meet March 16, 2021 at 5:30PM to review Local Law L of 2020 and Local Law A of 2021. Local Law L of 2020 amends a provision of the Charter to place a requirement that candidates for Common Council be an elector and resident of the ward for a minimum of 365 days before taking office. Local Law A of 2021 provides that elections for city elective office shall be held on a nonpartisan basis. The Committee will also meet March 23, 2021 at 5:30PM to review Local Law F of 2019. Local Law F of 2019 enacts a comprehensive ethics law for the City of Albany. Housing and Community Development: Council Member Doesschate reported that the Committee will be meeting on the community block grants (year 47 HUD funding) on March 9th, at 5:30 PM, and will hold a joint hearing with the Albany Community Development Agency (ACDA) on March 31, 2021 at 5:30 PM to hear any potential appeals to the preliminary awards and consider Resolution 20.22.21R (MC) and announce year 47 CDBG /HOME/ESG awards. An additional meeting has been scheduled for April 7, 2021 at 5:30PM in case the Committee does not finalize action on Resolution 20.22.21R (MC) and the awards at its March 31, 2021 meeting Public Safety: President Pro Tem Kimbrough reported that the committee met on February 8, 2021 at 5:30PM to review Local Law J of 2020 As Amended and the City of Albany’s Police Reform & Reinvention Collaboration Recommendations. The Committee will meet March 2, 2021 at 5:30PM and March 8, 2021 at 5:30PM to review the City of Albany’s Police Reform & Reinvention Collaboration Recommendations. CONSIDERATION OF ORDINANCES Council Member Conti WITHDREW Ordinance 42.112.18 (AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NEW CONSTRUCTION IN R-T TOWNHOUSE DISTRICTS) as follows, which was previously held. Council Member Conti noticed Ordinance 21.92.20 As Amended as follows, which was held for further consideration: ORDINANCE 21.92.20 (as amended 2/18/21) AN ORDINANCE AMENDING ARTICLE IX (BUILDING CONSTRUCTION REGULATION) AND ARTICLE XIA (VACANT BUILDING REGISTRY) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EMERGENCY BUILDING ACTIONS RELATING TO LANDMARKS OR PROPERTY IN HISTORIC DISTRICTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 133-55 of Article IX of Chapter 133 of the Code of the City of Albany is amended by adding new subsections E and F, to read as follows: E. Demolition of a landmark or property located within an historic district shall only be used as a last resort when no other method will serve to protect the occupants or the public from a direct hazard or immediate danger. In the event that the Commissioner shall order a demolition under this section to a landmark or property located within an historic district, the Commissioner shall make a reasonable attempt to notify the property owner prior to the demolition. The notification shall in no way impair the ability of the Commissioner to demolish the building or structure. F. Whenever an action is taken or proposed to be taken under this section in relation to a landmark or property within an historic district, the Commissioner shall provide timely notification of the order for such action to members of the Historic Resources Commission. At the earliest time possible, and to the extent practicable, the Commissioner shall additionally provide the following information related to the emergency action: (1). A description of the premises; (2). A structural engineering report, which shall include a statement of the particulars in which the condition of the building or structure represents a serious and imminent threat to public health and safety and whether there is any reasonable alternative to the immediate demolition of the building or structure which would protect public health and safety; (3). A detailed statement of all work to be done to comply with the order; (4). A timetable for completion of all phases and aspects of the work; (5). A site plan of the property or map indicating the area of the proposed stabilization or demolition showing all affected buildings and/or structures on the site; (6). Photographs of existing conditions, including any building facades and architectural features visible from the public right-of-way, as well as photographs of the adjacent parcels. Photographs should be digital (minimum 10 megapixel resolution), clear, and include overall photographs as well as close-up photographs of significant exterior architectural elements; (7). Prior code violations and building maintenance history, to the extent such information is available; and (8). A description of any salvageable historic materials within or on the building structure to be demolished, to the extent such information is available. Section 2. Section 133-78.6 of Article XIA of Part 2 of Chapter 133 of the Code of the City of Albany is amended to read as follows: § 133-78.6. Quarterly reports. The chief building official shall submit a quarterly report not later than January 15, April 15, July 15 and October 15 of each year to the Mayor and, Common Council, Planning Board and Historic Resources Commission containing not less than the following information: A. The number of buildings in the City declared vacant in each category set forth in § 133- 78.3E(2) 133-78.3(H) under the provisions of this article; and B. The number of vacant building registrations filed or annually renewed with the Department of Buildings and Regulatory Compliance within each category.; and C. The number of vacant building registrations in each category set forth in § 133-78.3(H) by historic district, both by individual district and total for all such districts; and D. The number of vacant buildings in each category set forth in § 133-78.3(H) which have been subject to an emergency demolition or stabilization order in accordance with section 133-55 of this chapter, including the number of such emergency actions by historic district for the reporting quarter and in the preceding quarter, both by individual district and total for all such districts. Section 3. This ordinance shall take effect thirty (30) days after its enactment. President Pro Tem Kimbrough held the remaining Ordinance on the pending agenda. CONSIDERATION OF RESOLUTIONS Council Member Conti, Balarin, Doesschate, Fahey, Flynn Frederick, Hoey, Igoe, Kimbrough, O’Brien noticed Resolution 17.22.21R as follows, asked passage and a roll call vote thereon: RESOULTION NUMBER 17.22.21R RESOLUTION OF THE COMMON COUNCIL SUPPORTING AN AMENDMENT TO TITLE 6 OF ARTICLE 5 OF THE NEW YORK STATE PUBLIC AUTHORITIES LAW IN RELATION TO THE ALBANY MUNICPAL WATER FINANCE AUTHORITY AND ALBANY WATER BOARD WHEREAS, Title 6 of Article 5 of the New York State Public Authorities Law established the Albany Municipal Water Finance Authority and the Albany Water Board; and WHEREAS, the Albany Municipal Water Finance Authority and the Albany Water Board are responsible for the management and financing of Albany’s water system and delivery of services to the residents of the City of Albany; and WHEREAS, this is a significant responsibility which has been delegated by state law to such entities; and WHEREAS, the Albany Municipal Water Finance Authority consists of seven members, five appointed by the Mayor of the City of Albany and two by the Governor of the State of New York upon nomination by the Mayor; and WHEREAS, the Albany Water Board consists of five members appointed by the Mayor; and WHEREAS, appointment to these boards are by unilateral action not subject to review and confirmation by the Albany Common Council as the governing body of the City of Albany; and WHEREAS, the current appointment procedure diminishes oversight of these boards and weakens accountability; and WHEREAS, under various state and local laws it has become common practice for mayoral appointments to various boards, commissions and authorities to be subject to confirmation by the Common Council; and WHEREAS, under the Albany City Charter the Common Council also has confirmation authority over Mayoral appointments of various department heads; NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council finds and declares that its lack of authority to confirm appointments to the Albany Municipal Water Finance Authority and the Albany Water Board diminishes its ability to exercise adequate and appropriate oversight over the activities and operations of these boards and such lack of authority diminishes accountability; and BE IT FURTHER RESOLVED, that the Albany Common Council calls upon the State Legislature to amend existing law to establish the authority of the Common Council to confirm mayoral appointments to these boards; and BE IT FURTHER RESOLVED, that to the extent such amendment requires a home rule request by the Albany Common Council, such request shall be adopted upon introduction of appropriate legislation in the State Senate and State Assembly; and BE IT FURTHER RESOLVED, that a copy of this resolution, suitably engrossed, be transmitted to State Senator Neil Breslin and Assembly Members Patricia Fahy and John McDonald. Resolution 17.22.21R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, and O’Brien There being no further discussion, President Ellis called for a voice call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien and Robinson Affirmative 14 Negative 0 Present 0 Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 18.22.21R as follows, which was held for further consideration: RESOLUTION NUMBER 18.22.21R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE REAPPOINTMENT OF JEFFREY SPERRY AS A MEMBER AND THE CHAIRPERSON OF THE ALBANY PARKING AUTHORITY WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Section 1493-c of the Public Authorities Law of the State of New York reappointed Jeffrey Sperry as a member and the Chairperson of the Albany Parking Authority; NOW, THEREFORE, BE IT RESOLVED that Jeffrey Sperry be confirmed as a member and the Chairperson of the Albany Parking Authority for a five (5) year term of office to expire January 2, 2026. President Pro Tem Kimbrough referred Resolution 18.22.21 to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Hoey, Anane, Balarin, and Farrell noticed Resolution 19.22.21R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 19.22.21R RESOLUTION CALLING FOR THE ENFORCEMENT OF THE CITY OF ALBANY’S CODE PART I: ADMINISTRATIVE LEGISLATION / LABOR ARTICLE V STRIKEBREAKERS WHEREAS the nurses at Albany Medical Center voted to unionize over two years ago; and WHEREAS there has been no movement in contract negotiations, which Albany Medical Center management hopes will break the nurses’ union; and WHEREAS the nurses are exhausted by their effort to keep their patients alive during the Covid-19 pandemic; and WHEREAS the nurses, seeing no movement at the negotiations table, called a 24-hour strike on December 1, 2020; and WHEREAS Albany Medical Center Management hired hundreds of strikebreaker replacement nurses and locked its own nurses out for the following two days, thereby preventing its own nurses from caring for their patients; and WHEREAS the City of Albany New York has on its books an anti-strikebreaking law; and WHEREAS Section 62-5 of the law states: “Purpose. No person, partnership, agency, firm or corporation, or officer, employee or agent thereof, shall recruit, procure, supply or refer any person for employment who customarily and repeatedly offers himself for employment in place of any employee involved in a labor dispute in which such person, partnership, agency, firm or corporation is not directly involved”; and WHEREAS Section 62-6 of the law states: “Prohibited employment of strikebreakers. No person, partnership, firm or corporation involved in a labor dispute shall, directly or indirectly, employ in the place of an employee involved in such dispute any person who customarily and repeatedly offers himself for employment in the place of employees involved in a labor dispute or contract or arrange with any other person, partnership, agency, firm or corporation to recruit, procure, supply or refer persons for employment who customarily and repeatedly offer themselves for employment in place of employees involved in such labor dispute”; and WHEREAS Section 62-7 of the law states: “Unlawful to employ replacements. No person who customarily and repeatedly offers himself for employment in place of employees involved in a labor dispute shall take or offer to take the place in employment of any employee involved in a labor dispute”; and WHEREAS Section 62-8 of the law states: “Penalties for offenses. Any person, partnership, agency, firm or corporation, or any officer, employee or agent thereof, who or which shall violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine of not more than $1,000 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment”; NOW, THEREFORE BE IT RESOLVED, that this Common Council of the City of Albany expresses its strong displeasure with Albany Medical Center Management at the apparent lack of good faith in its negotiations with the Nurses Union and strongly urges the City of Albany, New York enforce its law code and prosecute Albany Medical Center Management for violation of City Law; and BE IT FINALLY RESOLVED, that Albany Medical Center release to this Council information regarding the number of the strikebreaking nurses it hired, what it paid these strikebreakers. * Council Member Hoey, Farrell, Balarin, Frederick, O’Brien, Kimbrough, Anane spoke on the Resolution prior to passage Resolution 19.22.20 was co-sponsored by Council Members Doesschate, Fahey, Frederick, Kimbrough, and Robinson There being no further discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien and Robinson Affirmative 13 Negative 0 Present 0 President Pro Tem Kimbrough made a motion, which was duly seconded, requesting Majority Consent to add Resolution 20.22.21R and Resolution 21.22.21R to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member Doesschate on behalf of the Housing and Community Development Committee noticed Resolution 20.22.21R (MC) as follows, which was held for further consideration: Resolution Number 20.22.21R (MC) RESOLUTION DESIGNATING THE MAYOR TO ACT AS OFFICIAL REPRESENTATIVE OF THE CITY OF ALBANY TO SUBMIT ANNUALLY TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THE “ANNUAL ACTION PLAN”, AND AMENDMENTS THERETO, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the Congress of the United States established the Community Development Block Grant Program; and WHEREAS, the Albany Community Development Agency has prepared the Annual Action Plan for the Community Development Block Grant Program Year 47 in accord with public hearings held on March 9, March 31, and April 7, 2021; and WHEREAS, pursuant to Sec. 570.303 of the Code of Federal Regulations, a grantee of a Community Development Block Grant must certify that its governing body has duly adopted a resolution authorizing a person to act as its official representative to submit the Action Plan, amendments thereto, and all understandings and assurances thereto, and authorizing the persons identified as the official representative of the grantee to act in connection with the submission of the Action Plan and to provide such additional information as may be required; NOW, THEREFORE, BE IT RESOLVED, that the Common Council hereby authorizes the Mayor to act as the City of Albany’s official representative for the purpose of submitting the said Action Plan and all necessary understandings, assurances and amendments thereto; and BE IT FURTHER RESOLVED, that the Common Council hereby adopts the Action Plan for the Community Development Block Grant Program Year 47 as prepared by the Albany Community Development Agency, together with and including all understandings and assurances required thereby. Section 1. The Financing Agreement is hereby authorized to be amended to add the Project described on Schedule A to this Resolution. Section 2. The members and officers of the City are hereby authorized and directed for and in the name and on behalf of the City to do all acts and things required and to execute and deliver all such additional certificates and instruments and to do all such further acts and things as may be necessary or in the opinion of the member or officer acting, desirable and proper to effect the purposes of the foregoing Resolution, and the issuance of the bonds, notes or other Obligations of the Authority in furtherance of the Project contemplated by the amendment of the Financing Agreement is hereby approved. BE IT FURTHER RESOLVED that this resolution shall take effect immediately. President Pro Tem Kimbrough referred Resolution 20.22.21R (MC) to the Housing and Community Development Committee for further consideration. Council Member O’Brien noticed Resolution 21.22.21R (MC) as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 21.22.21 (MC) A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL CONDEMNING THE HATE-FILLED AND RACIST ATTACKS ON THE COUNCIL OF ALBANY NEIGHBORHOOD ASSOCIATIONS – CANA WHEREAS, the Council of Albany Neighborhood Associations (hereinafter “CANA”) is a nonpartisan federation of neighborhood associations and community organizations, and is involved in all matters which involves the quality of life of its constituents; and WHEREAS, the African American Cultural Center of the Capital Region (hereinafter “AACCCR”) is a nonprofit organization committed to educating, enriching, and empowering residents of the Capital Region through a variety of educational, cultural and performing arts, programs, activities, and exhibits that promote awareness and raise the collective consciousness of all ethnicities to the rich and vibrant history, contribution, and culture of African Americans.; and WHEREAS, the Rapp Road Historical Association (hereinafter “RRHA”) is a nonprofit organization that represents the Rapp Road Historic District, which is cluster of 23 homes built by African Americans who migrated predominantly from Shubuta Mississippi as part of the Great Migration; and WHEREAS, on Wednesday, February 3, 2021, CANA convened virtually to recognize and celebrate the importance of African American History Month; and WHEREAS, the AACCCR and RRHA were invited to CANA’s monthly meeting as featured presenters; and WHEREAS, the presentations for African American History Month were interrupted by several unwarranted individuals, who proceeded to disrupt the meeting with hate speech, racial epithets, and other content that was extremely offensive to the meeting attendees; and WHEREAS, the Albany Common Council condemns the heinous actions of these unwarranted individuals in the strongest terms; and WHEREAS, the Albany Common Council reaffirms that racism and hate speech have no place in the City of Albany; and NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby stands in strong support and solidarity with CANA, AACCCR, RRHA, and all other individuals that were directly affected by this unfortunate and devastating incident. * Council Member O’Brien spoke on the Resolution prior to passage Resolution 21.22.21R (MC) was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien and Robinson There being no further discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: Council Member Kimbrough WITHDREW Resolution 4.12.20R (A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE GOVERNOR AND THE NEW YORK STATE LEGISLATURE TO NOT MAKE DRASTIC CUTS TO MEDICAID) as follows, which was previously held. President Pro Tem Kimbrough held the pending Resolution on the agenda for further consideration. MISCELLANEOUS AND UNFINISHED BUSINESS: Majority Leader Ginnie Farrell offered the following, which was approved by unanimous voice vote: RESOLVED THAT THE FOLLOWING PERSONS BE AND HEREBY ARE APPOINTED COMMISSIONERS OF DEEDS FOR THE CITY OF ALBANY, NEW YORK FOR THE TERM ENDING DECEMBER 31, 2022, AND WAIVE THE READING OF THE NAMES: Employee Last Employee First Agency Name Agency Address City State Zip Morettoni Daniel 92 Chestnut Street Albany NY 12210 200 Henry Johnson Adriance Tom Department of Buildings Blvd Albany NY 12207 200 Henry Johnson Joseph Kadesha Department of Buildings Blvd Albany NY 12207 200 Henry Johnson Johnson Iris Department of Buildings Blvd Albany NY 12207 200 Henry Johnson LaJoy Richard Department of Buildings Blvd Albany NY 12207 200 Henry Johnson Scott Valerie Department of Buildings Blvd Albany NY 12207 200 Henry Johnson Kimble Monique Department of Buildings Blvd Albany NY 12207 200 Henry Johnson VanAlstyne Ashley Department of Buildings Blvd Albany NY 12207 200 Henry Johnson VanSchoick Harold Department of Buildings Blvd Albany NY 12207 200 Henry Johnson Gold Joshua Department of Buildings Blvd Albany NY 12207 200 Henry Johnson Sherman Daniel Department of Buildings Blvd Albany NY 12207 COMMON COUNCIL COMMENTS: Common Member Johnson (Lost Warren Mackey and Victor Cain) Council Member Igoe (Responded to Council Member Johnson’s Comments) Common Member Hoey (Council 82 Letter) Council Member Doesschate (Echo’s Council Member Johnson’s Comments) Council President Ellis (Spoke on the memory of Warren Mackey & Victor Cain and Responded to Council Member Hoey’s Comments) Council Member O’Brien (Council 82 Pay Increase) President Pro Tem Kimbrough (Intend to Meet With Council 82) Council Member Igoe (Amended Legislation) ADJOURNMENT: There being no further business, President Pro Tem Kimbrough made a motion to adjourn, which was duly seconded and adopted by unanimous voice vote. President Ellis declared the meeting adjourned at approximate 8:54pm. MICHELE ANDRE Senior Legislative Aide to the Council MINUTES OF A REGULAR MEETING MONDAY, February 18, 2021 The Common Council was convened at 7:00 p.m and was called to order by President Ellis. This meeting was held following Governor Cuomo’s executive order 202.1 and it live streamed on Facebook using Zoom as the meeting platform. If we experience any technical difficulties on Facebook, the video will be streamed to YouTube. The roll being called, the following answered to their names: Anane, Balarin, Conti, Doesschate, Farrell, Fahey, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love, O’Brien, and President Ellis. *Robinson was not present during roll call but joined the meeting in progress Also present was the following staff: Danielle Gillespie, John-Raphael Pichardo, Brett Williams, and Michele Andre. Council President Ellis led the Pledge of Allegiance. PUBLIC COMMENT PERIOD 1) Fred Pfeiffer, 124 North Pine, Albany, NY (Resolution 19.22.20) 2) Doug Bullock, Albany, NY (Resolution 19.22.20) *Written comments were read by the City Clerk for the record and received from: 1. Hannah Crodelle, 4 Shelbourne Dr, 9. Lawrence Wittner, 78 Kakely St., Loudonville, NY (Brogen Project) Albany, NY (Resolution 19.22.20) 2. Ann Kistler, 19 Crannell Ave., Albany, 10. Daniel Mosquera, 101 Fairlawn Ave., NY (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 3. Bill Ritchie, 196 Mount Hope Drive, 11. Megan Ferry, 101 Fairlawn Ave., Albany, NY (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 4. Ray Bromley, 7 Berkshire Blvd., 12. Sandy Steubing, 44 Summit Ave., Albany, NY (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 5. James Kaufman, PO Box 77, East 13. D. Alan Curry, 101 S. Pearl St., Albany, Berne, NY (Resolution 19.22.20) NY (Resolution 19.22.20) 6. Charles K. Alexander, 207 Sheridan 14. Bret Benjamin, 37 South Lake Ave., Ave., Albany, NY (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 7. Dorothy Tristman, 78 Kakely St., 15. Lana Cable, 41 Luther Rd, Saratoga Albany, NY (Resolution 19.22.20) Springs, NY (Resolution 19.22.20) 8. Arthur Fleischner, 62 Michigan Ave., 16. Angela Kaufman, 1438 Rt 9P, Saratoga Albany, NY (Resolution 19.22.20) Springs, NY (Resolution 19.22.20) 17. Linda LeTendre, 34 Greenfield Ave, 30. Clayton Bradt, 72 Zabel Hill Rd, Feura Saratoga Springs, NY (Resolution Bush, NY (Resolution 19.22.20) 19.22.20) 31. Keth Estes, 391 Madison Ave., Albany, 18. Greg Giorgio, PO Box 74, Altamont, NY (Resolution 19.22.20) NY (Resolution 19.22.20) 32. Candace Lider, 1501 Siver Rod, 19. Jose Cruz, 17 Holmes Dale, Albany, NY Guilderland, NY (Resolution 19.22.20) (Resolution 19.22.20) 33. Rev. Ibrahim Pedrinan, PO Box 13282, 20. Jordan F. Ferraro, 8 South Allen St. Albany, NY (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 34. Sean Collins, 300 3rd St., Albany, NY 21. Katherine Mules, 335 South Main Ave., (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 35. Jonathan Flanders, 25 Mellon Ave., 22. Susan DuBois, 24 Jeanette Street, Albany, NY (Resolution 19.22.20) Albany, NY (Resolution 19.22.20) 36. Sheryl DeCrosta, 122 Thornton Street, 23. James Collins, 360 Partridge St., Albany, NY (Resolution 19.22.20) Albany, NY 12208 37. Pat Whalen, 626 Boght Rd., Cohoes, 24. Ava DeSantis, 273 Kenwood Ave., NY (Resolution 19.22.20) Delmar, NY (Resolution 19.22.20) 38. Barbara Baxter, 255 Gorgetown Ct, 25. Cas Farrugia, 45 Columbia St., Albany, Albany, NY (Resolution 19.22.20) NY (Resolution 19.22.20) 39. Jonathan Skinner, 363 Patridge St., 26. Colin Clark, 31 Elm Street, Albany, NY Albany, NY (Resolution 19.22.20) (Resolution 19.22.20) 40. Paul Stasi, 10 S. Lake Ave., Albany, NY 27. John Davis, 9 Bogardus Rd. Albany, NY (Resolution 19.22.20) (Resolution 19.22.20) 41. Steve Zahurak, 1070 Day Road, 28. Thomas Costello, 37 Melrose Ave., Schenectady, NY 12303 (Resolution Albany, NY (Resolution 19.22.20) 19.22.20) 29. Cari Gardner, 26 S Greenwood Ln., Albany, NY (Resolution 19.22.20) President Pro Temp Kimbrough made a motion to extend public comment period, motion was accepted and approved. Public comment period was extended (30 minutes) to allow for the reading of all the above public comment. Once the written comments were read for the record and there being no further speakers, the President declared the Public Comment Period closed. Approval of Minutes President Pro Tem Kimbrough made a motion to approve the minutes of February 1, 2021 meeting of the Council, which was duly seconded, and APPROVED by unanimous voice vote. CONSIDERATION OF LOCAL LAWS: Council Member Farrell noticed Local Law B of 2021 as follows, asked passage and a roll call vote thereon: LOCAL LAW B OF 2021 LOCAL LAW AMENDING ARTICLE II (ASSESSMENT AND COLLECTION OF TAXES) OF CHAPTER 333 (TAXATION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO DELAYING THE IMPLEMENTATION OF INTEREST ON DELINQUENT TAX BILLS DURING THE STATE OF EMERGENCY CAUSED BY THE COVID-19 PANDEMIC The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Article II of Chapter 333 of Part II of the Code of the City of Albany is hereby amended by adding thereto a new Section 333-33.3 entitled, “Delayed imposition of interest on taxes and penalties during the COVID-19 pandemic,” to read as follows: Section 333-33.3. Delayed imposition of interest on taxes and penalties during the COVID- 19 pandemic. A. Pursuant to the authority granted in section 1910 of the New York State Real Property Tax Law, the City Treasurer is authorized to delay the implementation of interest on delinquent 2021 City tax bills and any penalties associated therewith until May 31, 2021. B. Pursuant to the authority granted in section 1910 of the New York State Real Property Tax Law, and upon passage of a local law authorizing the City Treasurer to do so, the City Treasurer is authorized to delay the implementation of interest on delinquent 2021 County tax bills and any penalties associated therewith until May 31, 2021. C. This section shall be deemed repealed on June 1, 2021. Section 2. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State, and shall remain in effect until June 1, 2021, upon which date it shall be deemed repealed. * Council Member Anane spoke on the Local Law prior to passage Local Law B of 2020 was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien There being no further discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, Love and O’Brien Affirmative 14 Negative 0 Abstain 0 Council Member Anane noticed Local Law G of 2018 (A LOCAL LAW AMENDING CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY BY ADDING A NEW PART 39 ENTITLED“ CITY OF ALBANY COMMISSION ON MUNICIPAL INTERNET SERVICE ” AND PROVIDING FOR THE RESPONSIBILITIES OF THE COMMISSION WITH RESPECT TO RESEARCHING THE LOGISTICS AND FINANCING OF A CITY OWNED HIGH SPEED INTERNET SERVICE. AND REQUIRING THE COMMISSION TO MAKE FINDINGS AND RECOMMENDATIONS TO THE MAYOR AND THE COMMON COUNCIL REGARDING THE CREATION OF SUCH INFRASTRUCTURE) as follows, asked passage and a roll call vote thereon: * Council Member Anane, Fahey, Hoey, Balarin, and Johnson spoke on the Local Law prior to passage Local Law G of 2018 was co-sponsored by Council Members Balarin, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, and O’Brien There being no further discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien, and Robinson Affirmative 14 Negative 0 Abstain 0 Council Member Conti noticed Local Law J – 2020 As Amended as follows, which was held for further consideration: LOCAL LAW J of 2020 (As Amended 02/11/2021) A LOCAL LAW AMENDING ARTICLE XLIV (GENERAL PROVISIONS) OF PART 33 (COMMUNITY POLICE REVIEW BOARD) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF PART I OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE OPERATION OF THE CPRB BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Article XLIV (General Provisions) of Part 33 (Community Police Review Board) of Chapter 42 (Departments and Commissions) of Part I of the Code of the City of Albany is amended to read as follows: § 42-332. Legislative findings; purpose. A. The Common Council hereby finds and declares that abuse of authority, incivility, rudeness, prejudice or discrimination based upon race, gender, color, national origin, economic status, religion, age, sexual orientation, marital or domestic partner status, or mental or physical ability has no place in the actions, customs, practices, policies or procedures of the City of Albany Police Department. B. The Common Council further finds and declares that it is in the public interest of the City of Albany to have an independent mechanism to fairly review the conduct of law enforcement officials. C. The Common Council further finds and declares that the conduct of law enforcement officials is subject to public, departmental and executive scrutiny and accountability. D. The Common Council further finds and declares that an effective program to improve the relationship between the community and the Albany Police Department requires certain independent authority and power to review the handling of complaints of police misconduct. E. The purpose of this Part 33 is to create an independent review body with respect to complaints of misconduct by officers of the Albany Police Department. The remedies created by this Part 33 are in addition to any others provided by common law or statute. Its goals are to improve communication between the Police Department and the community, to increase police accountability and credibility with the public and to create a complaint review process that is free from bias and informed of actual police practices. § 42-333. Definitions. For purposes of this Part, the following words and phrases shall have the meanings described in this section: ADMINISTRATIVE AGENCY The Agency responsible for administration of the CPRB pursuant a Request for Qualifications (RFQs), as described in §42-352. APD The City of Albany Police Department CHIEF The Chief of Police of the Albany Police Department. COMPLAINT A written statement concerning police conduct which is either submitted to the Community Police Review Board for filing with the Albany Police Department or filed directly with the Albany Police Department. CPRB The Community Police Review Board. GENDER Shall have the same meaning as set forth in section 48-25 (Definitions) of Article III (Omnibus Human Rights Law) of Chapter 48 (Equal Opportunity Protections) of this Code. GOVERNMENT LAW CENTER The Government Law Center of Albany Law School. MEDIATION A structured dispute resolution process in which a neutral third party assists the disputants by facilitating a nonbinding intervention. OFFICER Any sworn police officer of the City of Albany Police Department affected by an individual's complaint. PROFESSIONAL STANDARDS (OPS) The Professional Standards Unit of the City of Albany Police Department. § 42-334. CPRB establishment; appointment of members; funding. A. There is hereby established a Community Police Review Board (CPRB) comprised of nine members, five of whom shall be appointed by the Common Council and four of whom shall be appointed by the Mayor. B. Members shall be appointed for three-year terms; provided, however, that: (1) Of members initially appointed by the Common Council: one shall be for a term of one year; two shall be for a term of two years; and two shall be for a term of three years. (2) Of members initially appointed by the Mayor: one shall be for a term of one year; one shall be for a term of two years; and two shall be for a term of three years. C. No member of the CPRB shall serve for a period which exceeds two full consecutive terms; provided, however, that a member may be considered for reappointment to the CPRB after one year of nonmembership. D. Members shall continue to serve on the CPRB until their successors have been appointed. E. Annually, the members of the CPRB shall elect from their membership a member to serve as Chair. F. Upon submission to the Common Council, the annual proposed City of Albany operating budget shall include a separate appropriation to fund CPRB operations in an amount which is not less than one-percent of the total proposed budget of the Albany Police Department. G. The Corporation Counsel shall advise and represent the Board as it would other public boards in accordance with applicable state and local law(s). Additionally, the CPRB may seek and retain separate legal counsel, whether on staff or contract, for any purpose otherwise authorized under this Part 33 in addition to utilization of the services of the Corporation Counsel at the CPRB’s discretion. H. The CPRB shall annually adopt an operating budget within amounts available which, upon adoption, shall be transmitted to the Mayor and members of the Common Council. All contracts for outside services (legal or other) shall be procured in accordance with applicable procurement requirements.. § 42-335. Removal of members; filling of vacancies. CPRB members may be removed [from the CPRB] at any time for cause by a [2/3] two-thirds vote of the Common Council. Any vacancy occasioned by resignation, death or removal of a member shall be filled within 60 days in the same manner as the predecessor to fill the unexpired term. § 42-336. Qualifications of members. A. Members of the CPRB shall reside in the City of Albany and possess a reputation for fairness, integrity and responsibility and have demonstrated an active interest in public affairs and service. B. The Common Council and the Mayor shall endeavor to reflect community diversity in their appointments, including income level, race, ethnicity, age, gender, sexual orientation and experience, and shall, in their appointments, solicit recommendations from the community. Officers (as defined in the City of Albany Charter), current employees of the City of Albany and the immediate relatives of officers and employees shall not be eligible for appointment. C. Members of the CPRB and their immediate family shall not be former employees of APD. § 42-337. Quorum. Five members of the CPRB shall constitute a quorum. Five votes shall be required for any action. § 42-338. Bylaws and rules. The CPRB, with the advice and assistance of the Government Law Center Administrative Agency, shall adopt, and the Common Council shall approve, rules and bylaws for the transaction of CPRB affairs, including the manner of calling and giving notice of special meetings and the appointment and duties of any special committees. § 42-339. Training and orientation of members. The Government Law Center Administrative Agency shall coordinate and conduct training and orientation of CPRB members and recommend for adoption by the Common Council written standards for orientation of appointees and continuing training of all CPRB members. Completion of the orientation program concerning the goals, powers and procedures of the CPRB is required before a member may participate as a voting member. In addition, graduation from the Albany Police Department's Community Police Academy (the curriculum of which shall include training in the laws applicable to public record concerns, internal affairs investigations, confidentiality issues and liability statutes; training in police procedures; participation in ride-alongs; defensive tactics training; firearms familiarization; and emergency vehicle operations) within six months of the start of the member's term is required. Further, the Government Law Center Administrative Agency shall provide to CPRB members, and the members shall undergo, continuing education on issues related to the interaction between civilians and police officers from the perspectives of both the complainant and the police officer and shall additionally include a review and update of relevant federal and state statutory amendments and case law. Further, at least one member of the CPRB shall be designated to become a member of the National Association of Civilian Oversight of Law Enforcement, and at least one member shall attend its annual conference. § 42-340. Recommendations, reports, data collection and analysis. A. The CPRB may make recommendations to the Common Council and the Mayor regarding police policies and practices relevant to the goals of community policing and the exercise of discretionary authority by police officers. B. The Government Law Center Administrative Agency shall submit an initial evaluation of the process provided for in this Part 33, one year after the establishment of the CPRB. C. B. The Government Law Center Administrative Agency, on behalf of the CPRB, shall file quarterly and annual reports with the Common Council and the Mayor which contain statistics and summaries of complaints, including a comparison of the CPRB's findings with the final determinations of the Department. The Government Law Center Administrative Agency shall contract with one or more local colleges, universities or research institutions to conduct surveys of complainants concerning the level of their satisfaction with the process and to conduct surveys of the community to get feedback concerning the CPRB and the Police Department. The results of those surveys shall be reported to the CPRB, the Chief and the Common Council. In addition, the Government Law Center Administrative Agency shall collect data concerning alleged offenses and offenders and report this data to the Chief. The Chief shall analyze and use the data concerning repeat alleged offenses and offenders to implement an "early warning system" to track repeat alleged offenses and offenders reported to CPRB and the Police Department. D. C. The Chief shall issue a quarterly report to the CPRB on disciplinary investigations and action taken within the department and resolutions thereof. Such reports shall include both individualized information about specific cases and aggregate information. Additionally, the CPRB is authorized to request a report from the Chief on whether disciplinary action was taken in any specific case. E. D. The CPRB may perform, or cause to be performed, an audit to assess the investigation and adjudication of civilian complaints. § 42-341. Member responsibilities. CPRB members shall: A. Maintain absolute confidentiality with respect to confidential or privileged information they receive and maintain a thorough knowledge of the legal protection accorded to police records, including the penalties imposed for violations. B. Obey all laws respecting individuals' rights of privacy and confidentiality of records. C. Not remove any Police Department, Professional Standards, personnel or other confidential files, records or tapes from City offices except as authorized under this article D. Excuse themselves from participating in the review of any complaint in which they have a personal, professional or financial conflict of interest. E. Conduct themselves at all times in a manner that will maintain public confidence in the fairness, impartiality and integrity of the CPRB and refrain from making any prejudicial comments with respect to the CPRB, complainants or police officers. F. Participate in orientation and training programs in accordance with § 42-339 of this Part. § 42-342. Filing of complaints Initiation of Complaints. Complaints concerning police conduct shall be filed with the Police Department or submitted to the CPRB for filing with the Police Department as provided in this section. The CPRB may designate one or more locations for the submission of complaints for filing with the Police Department. A. Complaints shall be lodged in writing using the City of Albany Police Department Complaint Form as approved by the CPRB for that purpose and shall be signed by the complainant. Complaint forms shall be printed in English and Spanish and shall be available at any City of Albany Police Department facility, the City Department of Administrative Services, the City Clerk’s office and any other location designated by the CPRB. B. A copy of each complaint submitted to the CPRB for filing with the Police Department shall be forwarded to the Police Department within two working days of its receipt; additionally, a copy of each complaint submitted to the Police Department (other than those submitted by the CPRB) shall be provided to the CPRB within two working days of receipt by the Department. Upon receiving a complaint, the CPRB shall notify the complainant of the City’s mediation program established in accordance with § 42-346 of this Part 33. C. Complaints shall be filed within [six months] 180 days of the date of the incident giving rise to the complaint. Complaints filed after [six months] 180 days of the alleged misconduct shall, however, be returned, or accepted and reviewed by the CPRB upon a majority vote of its members to do so. The complainant shall be notified by the Board of the decision as to whether the complaint be returned, or accepted and reviewed. A. Complaints may be received directly by the CPRB, or upon referral from OPS, the Mayor, the Common Council, any Council Member, the City Clerk, or the Chief. Any complaint received and accepted by the CPRB shall be transmitted to OPS, and any complaint received and accepted by OPS shall be transmitted to the CPRB. Complaints shall be filed within 180 days of the date of the incident giving rise to the complaint. B. The CPRB shall receive complaints by telephone, in person, by mail, email or web form. Complaints shall be received and considered whether submitted under signature or anonymous. Efforts to simplify the procedure shall be made to encourage filing. Professional standards of confidentiality with regard to the written release of information and informed consent shall apply to all complaints filed. With respect to the confidentiality of all interested parties, the CPRB shall comply with all local, state, and federal laws. C. Before proceeding with the complaint process, the CPRB shall make the complainant aware of and provide a referral to organizations that advocate for people who have experienced police misconduct and can explain the process of the CPRB and other options that exist beyond the CPRBs jurisdiction. D. The CPRB shall have full access to information about any officer involved in the events that are the subject of a complaint, including information about prior complaints involving that officer and any action taken in response to those complaints. It shall be within the discretion of the CPRB whether to discuss in a public meeting, or include in the CPRB’s findings, or otherwise make public, such information that is not otherwise subject to confidentiality standards. E. When a complaint is filed, and OPS is in the possession of any audio or video footage pertaining to the incident (including, but not limited to, body camera footage and dash- board camera footage), OPS shall make such footage available for any members of the CPRB upon request. If OPS fails to make the footage available within fourteen days of the request, it shall forward a notice to the CPRB and the Common Council explaining the delay. Upon request of the CPRB, the Common Council may, after consideration, direct the release of such footage to the CPRB notwithstanding the requested delay. It shall be within the discretion of the CPRB whether to discuss in a public meeting, or include in the CPRB’s findings, or otherwise make public, such information. F. When a complaint is filed, the Chief or their designee and the CPRB shall, pursuant to §42-347, determine whether the mediation is appropriate. § 42-343. Review of complaints Powers and Duties. Review of the complaint shall proceed as provided in this section. A. Professional Standards shall investigate every complaint filed. The Chief shall file with the CPRB [quarterly] monthly reports on the status of the investigation of each complaint. B. In the event that a complaint alleges the use of excessive force or a violation of civil rights, the definition of which shall include complaints pertaining to sexual orientation, the CPRB shall appoint an individual to: (1) Observe and monitor the Professional Standards investigation of such complaint from the outset of the investigation; and (2) Report to the CPRB and the Chief as to the conduct of the investigation. Such report may recommend additional witnesses whose statements should be taken, additional questions which should be answered and additional documents or other evidence which should be reviewed. Such report may cite deficiencies, if any, in the investigation, including whether the number of witnesses questioned by Professional Standards, the scope of the questions asked of them and the review of documents or other evidence was sufficient. The individual shall be selected on a rotating basis from the panel of investigators established in accordance with Subsection H of this section. C. Professional Standards, with the advice and assistance of the Government Law Center, shall develop procedures and practices for the conduct of investigations of complaints, including procedures and practices for briefing and communicating with the appointed individuals referenced in Subsection B of this section. The Government Law Center shall periodically review and make recommendations to Professional Standards with regard to such procedures and practices. D. Professional Standards shall begin its investigation of each complaint immediately upon receipt of the complaint. If Professional Standards fails to conclude its investigation within 60 days of receipt of the complaint, it shall advise the CPRB and the Common Council in writing of the status of the investigation and the estimated time for the conclusion of the investigation. Thereafter, Professional Standards shall advise the CPRB and the Common Council in writing of the status of the investigation every 30 days until the conclusion of the investigation. E. Within 10 working days of the conclusion of the Professional Standards investigation, the Chief of Police shall submit a preliminary report of the Department's findings to the CPRB. F. After review and deliberation of the preliminary report of the Department's findings, the CPRB shall: (1) Render its finding pursuant to § 42-344 of this Part 33; or (2) Request that Professional Standards conduct further investigation of the complaint; or (3) Obtain further case-specific information from the Chief, including written materials, audio- or videotapes and related documents. G. In the event that the CPRB is dissatisfied with the extent and/or the quality of the further investigation referenced in Subsection F(2) of this section, it shall promptly inform the Mayor, the Common Council, and the Chief, in writing, of the specific deficiency in the investigation. At that point, the Mayor and the Chief shall be responsible for reviewing the investigation in full to gather whatever additional information may be necessary to meet the requirements of the CPRB. The Mayor and the Chief shall have three weeks to respond to the CPRB. Such process shall allow the full force and authority of the Office of the Mayor, including the ability to compel employee testimony, to be provided on behalf of the CPRB. The Mayor and the Chief shall have three weeks to respond to the CPRB. H. In the event that the CPRB is dissatisfied with the extent and/or the quality of the Mayor's and the Chief's review of the investigation, or does not receive a timely response in accordance with subsection G of this section, it shall promptly inform the Common Council, in writing, of the specific deficiency in the investigation. In such event, the CPRB may [seek authorization from the Common Council to] conduct[, on the Common Council's behalf,] an investigation with the services of an outside independent investigator. The investigator shall be selected on a rotating basis from a panel of investigators comprised of certified investigators, attorneys, retired judges and the like who are recommended by the Government Law Center and approved by the Common Council and the Mayor. The Government Law Center, the Common Council and the Mayor shall endeavor to reflect community diversity in this panel of investigators. The use of an outside independent investigator, however, shall be limited to complaints alleging use of excessive force or civil rights violations, the definition of which shall include complaints pertaining to sexual orientation. Outside independent investigators shall have access to the same information to which the CPRB shall have access. Furthermore, in the event that the CPRB is dissatisfied with the extent and/or the quality of the Mayor's and the Chief's review of the investigation of a complaint alleging the use of excessive force or the violation of civil rights, it may [request that the Common Council use its subpoena power pursuant to Article 4, Section 407, of the City Charter] issue subpoenas to call witnesses, up to and including APD employees, and victims, and require the production of documents for purposes of the CPRB's review of the extent and quality of the investigation. The [Common Council] CPRB shall use its subpoena authority in a manner consistent with applicable legal requirements and appropriate safeguards for confidentiality and due process. A. The CPRB shall have the power to conduct independent investigations as it deems warranted, even in the absence of a complaint being filed with either OPS or CPRB; the power to issue subpoenas to compel testimony and the production of evidence, and the power to discipline Officers if a complaint of misconduct is sustained subject to due process procedures and findings. B. The CPRB shall establish a disciplinary matrix in conjunction with the Chief. Such matrix shall include clearly delineated penalty levels with ranges of sanctions which progressively increase based on the gravity of the misconduct and the number of prior sustained complaints. The CPRB, in consultation with the Chief, shall review the disciplinary matrix annually, and consider any recommended changes. The CPRB shall also seek input from the public while establishing and reviewing disciplinary matrices. The Chief shall decide the final version of the disciplinary matrix to be used after public input facilitated with the CPRB. C. The CPRB shall periodically review and assess APD policies, procedures, patterns, practices and training and may recommend changes to the APD. Written acknowledgment of receipt of recommendations will be sent to the Chair of CPRB from the Chief within 60 days with a detailed listing of what items are and are not being implemented. D. The CPRB and the Chief shall establish a cooperative relationship to ensure the orderly and efficient flow of information. E. Accessibility. 1) The CPRB shall provide or arrange language access for limited- or non-English-proficient complainants and witnesses at all stages of the investigative and adjudicative process. Language access shall be available during all operating hours of the CPRB. 2) The CPRB shall provide reasonable accommodations in accordance with federal, state and local law to individuals with disabilities at all stages of the investigative and adjudicative process. Such accommodations shall be available during all operating hours of the CPRB and shall include but not be limited to: accessible means of egress, accessible means of communication via auxiliary aids or services giving primary consideration to preferences of the individual deserving such services, and access to ASL interpreters. G. Investigation of complaints. 1) The CPRB may interview complainants, witnesses and APD officers, and gather relevant evidence. OPS shall provide the CPRB with written notice of the commencement of any investigation, and likewise, the CPRB shall provide the OPS with written notice of the commencement of any investigation. 2) The CPRB shall have the power to investigate any and all conduct, acts or omissions by any APD officer independent of any investigation conducted by OPS. 3) Subpoenas may be issued by the CPRB at any time during the review and adjudication processes. Such subpoenas may compel the attendance of witnesses, APD officers, APD employees, and/or persons, and require the production of records and other materials, including records of the APD, other persons or other agencies. A copy of any subpoena served upon an APD officer or employee shall also be delivered to the Chief. CPRB subpoenas are enforceable pursuant to relevant provisions of Article 23 of the New York Civil Practice Law and Rules. 4) Upon receipt of a complaint, within the time frame allotted in accordance with any applicable police collective bargaining agreement, OPS shall provide to the CPRB its entire investigative case file related to the complaint. Thereafter, OPS shall send any newly acquired evidence to the CPRB within five business days of the acquisition of the evidence. If OPS makes any findings with respect to the complaint, they shall send all such findings to the CPRB within five business days. 5) One police officer holding the rank of Captain or higher shall be made available by the Chief to the CPRB at the CPRB’s request to serve as a consultant or advisor should questions arise from members of the CPRB regarding specific police practices, policies, or general orders. The officer so assigned shall be neither from OPS nor the Commanding officer of the officer(s) involved in the case being reviewed. 6) A complainant may, at any time, decline to have their complaint investigated and reviewed by the CPRB. Such declination must be made in writing. 7) Statements made by complainants, APD officers or employees, or witnesses are subject to the CPRB’s determinations of weight and credibility. Participation or lack of participation in the hearing process may be considered by the CPRB as one factor in their determination of credibility. 8) The Chief shall take no final action on a complaint, whether received directly by the APD or by the CPRB, until receipt of the CPRB’s findings and decision, or notice that the CPRB has determined no disciplinary action is appropriate. Nonetheless, the Chief shall retain the authority to suspend an APD officer during the investigation and adjudication of a complaint against the APD officer, as well as the authority to impose any additional discipline for an Officer above and beyond that recommended by the CPRB. Any documentary information that the Chief discusses in public or with the media must be made available to the CPRB. § 42-344. Findings of the CPRB. A. The CPRB, after review and deliberation of an investigation, shall, by majority vote, make one of the following findings on the case: (1) Sustained: where the review discloses sufficient facts to prove the allegations made in the complaint. (2) Not Sustained: where the review fails to disclose sufficient facts to prove or disprove the allegation made in the complaint. (3) Exonerated: where the acts which provide the basis for the complaint occurred, but the review shows that such acts were proper. (4) Unfounded: where the review shows that the act or acts complained of did not occur or were misconstrued. (5) Ineffective Policy or Training: where the matter does not involve guilt or lack thereof, but rather ineffective departmental policy or training to address the situation. (6) No Finding: where, for example, the complainant failed to produce information to further the investigation; or where the investigation revealed that another agency was responsible and the complaint or complainant has been referred to that agency; or where the complainant withdrew the complaint; or where the complainant is unavailable to clarify the complaint [; or where the officer is no longer employed by the City]. B. If the CPRB fails to render a finding referenced above within 60 days of its receipt of the preliminary report of the Department's findings, the complaint file shall be returned to the Chief for disposition of the matter, unless the CPRB shall advise the Chief, the complainant and the affected officer in writing of the reason for the delay in rendering its finding. In such case, the CPRB shall provide the Chief, the complainant and the affected officer with monthly updates on the status of the complaint. In any event, if the CPRB fails to render a finding referenced above within 120 days of its receipt of the preliminary report of the Department's findings, the complaint file shall be returned to the Chief for disposition of the matter. § 42-345. Final determination. At the conclusion of its review, the CPRB shall make its finding known to the Chief, the affected officer and the complainant within 30 days. The Chief of Police shall review the Department's preliminary report in light of the CPRB's finding and then make the Department's final determination known to the CPRB, the affected officer and the complainant. In the event that the Department's final determination is inconsistent with the CPRB's finding, the CPRB may request that the Chief provide a written explanation of the Department's final determination. § 42-346. Mediation process. A. A mediation process shall be established and coordinated by the Government Law Center Administrative Agency in accordance with this section. B. Mediation shall be conducted at no cost to the complainant or officer by highly trained and experienced mediators selected from a list compiled by the Government Law Center Administrative Agency and approved by the Common Council and the Mayor. The Government Law Center Administrative Agency, the Common Council and the Mayor shall endeavor to reflect community diversity in this list of mediators. The Government Law Center Administrative Agency shall develop an appropriate training curriculum which each mediator shall be required to complete. Each mediator shall be a graduate of the Albany Police Department's Community Police Academy. In addition, the Government Law Center Administrative Agency shall provide to the mediators, and the mediators shall undergo, continuing education on issues related to the interaction between civilians and police officers from the perspectives of both the complainant and the police officer. C. Upon receipt of complaint, unless the case involves an allegation of excessive force, an alleged violation of civil rights or an allegation of criminal conduct against an officer, or the complaint is a result of an incident that involves an arrest, or if there was an injury to either party, or if there was property damage by an officer, the complaint will be considered appropriate for mediation. D. An eligible complaint shall be reviewed for potential recommendation for mediation by the Board and by the Chief or his designee. Five members of the Board will be contacted by the Government Law Center Administrative Agency and a decision made as to appropriateness for mediation by a majority of those five members. A decision regarding mediation shall be made within two business days by both the Board and the Chief. If either the Board or the Chief finds a complaint inappropriate for mediation, then the matter shall be referred to OPS for investigation consistent with this article. E. If the Board and the Chief recommend a complaint for mediation, both the complainant and the officer will have the option of electing to continue with the mediation process. If either party declines mediation, then the matter shall be referred to OPS for investigation consistent with this article. F. If the parties agree to mediate, then the complaint will not be investigated by the Police Department regardless of the outcome of the mediation. G. If the parties agree to mediate, the process shall follow the mediation protocols adopted by the CPRB. H. Every reasonable effort shall be made to schedule mediation during an officer's normal working hours. I. Mediators shall conduct mediation sessions with officers and complainants at times and places agreed upon by the parties. J. In conducting the mediation, the mediators may not impose an outcome on the parties. K. Mediation sessions shall be closed to the public. Matters discussed shall be confidential. L. Statements and records disclosed during mediation may not be disclosed or introduced in evidence during any judicial or administrative proceeding, and mediators may not be compelled by a subpoena to give testimony or produce anything related to the mediation. M. Upon the completion of the mediation process, the CPRB shall issue a finding of "Mediated," and the allegations shall be deleted from the officer's CPRB history. § 42-347. Meetings. A. The CPRB shall hold its first meeting within 30 days after a quorum of its members has completed the orientation program. At that meeting, the CPRB shall fix the time and place for its regularly scheduled meetings. B. The CPRB may conduct both public and closed meetings as allowed or required by the Open Meetings Law. C. The Chief shall designate a representative from Professional Standards to attend meetings of the CPRB and to provide information and advice to the CPRB. The representative shall not be viewed as a member of the CPRB. D. Officers and complainants may attend meetings of the CPRB. E. The Government Law Center Administrative Agency shall provide all staff services to the CPRB, including the maintenance of CPRB files and records. Furthermore, the Government Law Center Administrative Agency shall be responsible for the preparation of CPRB reports and review findings and recommendations referenced in this Part. § 42-348. Suspension of proceedings. Upon the written recommendation of the Corporation Counsel, the Common Council [or] and the Mayor concurrently may suspend the CPRB review of any complaint where a separate criminal investigation is underway or where a civil action against the City is underway or pending. Upon the conclusion of such separate proceedings, the CPRB may resume or undertake its review. § 42-349. Information sharing. The CPRB shall forward, in writing, to the Chief any new case-specific information it obtains during the course of an investigation concerning an incident or practice subject to a complaint. Similarly, during the course of a CPRB review, the Chief shall forward to the CPRB, in writing, any new case-specific information the Chief obtains after the conclusion of the Professional Standards investigation and the submission of the Department's preliminary report to the CPRB referenced in § 42-343 of this Part concerning an incident or police practice subject to a complaint. § 42-350. Community outreach. The CPRB, with the assistance of the Government Law Center Administrative Agency, shall inform the public about the CPRB and its duties. It shall develop and administer an ongoing program for the education of the public as to the mission and purposes of the CPRB process and the law established by this Part, which shall include the use of informational pamphlets and seminars. § 42-351. Retention of administrative agency. In consultation with the CPRB and the Common Council, the Administrative Agency shall be retained pursuant to a request for qualifications (RFQ), periodically issued by the Corporation Counsel, to undertake the administrative functions of such agency as set forth in this Part 33. Such agency shall have the capacity to undertake legal and other research as necessary, development of administrative procedures, and statistical and report compilation in addition to such other functions set forth in this Part. § 42-352. Construction of Part. The purposes of this Part favor resolution of ambiguity toward the goal of promoting public documentation and openness in the resolution of complaints of misconduct by police officers. This Part shall be deemed to supersede and repeal any and all provisions of local laws or local administrative orders which are inconsistent or conflict with any provisions of this Part. No report, finding or determination made pursuant to this Part shall in any way conflict with or abridge the rights of complainants or officers guaranteed by the United States Constitution, the New York State Constitution or any federal or state law, rule, regulation or administrative order. § 42-353. Severability. If any clause, sentence, paragraph, sections or part of this Part shall be adjudged by any court of competent jurisdiction to be invalid or otherwise unenforceable, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, sections or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 2. Until such time as an administrative agency for the Community Police Review Board is retained in accordance with Article XLIV (General Provisions) of Part 33 (Community Police Review Board) of Chapter 42 (Departments and Commissions of the Code of the City of Albany, as amended by section 1 of this local law, the Government Law Center shall continue to serve in such capacity and any contractual agreements shall be adjusted accordingly. Section 3. This local law shall take effect upon final passage, public hearing, filing with the Secretary of State, and referendum, provided however that subsections (F) and (H) of Section 42-334 of Part 33 (Community Police Review Board) of the Code of the City of Albany as added by section 1 of this local law , shall take effect January 1, 2022, and provided further that the provisions of such subsection (F) shall be applicable to the City of Albany operating budget for fiscal year 2022, and provided further the CPRB in cooperation with the administrative agency may take such actions as necessary prior to any effective date to ensure the timely implementation of the provisions herein. Council Member Conti noticed Local Law M – 2020 As Amended as follows, which was held for further consideration: Local Law M of 2020 (as amended 2/18/21) A LOCAL LAW AMENDING PART 4 (HISTORIC RESOURCES COMMISSION) OF ARTICLE XII (GENERAL PROVISIONS) OF CHAPTER 42 (DEPARTMENTS AND COMMISSIONS) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO THE JURISDICTION OF THE HISTORIC RESOURCES COMMISSION TO REVIEW EMERGENCY ACTIONS RELATING TO LANDMARKS OR PROPERTY WITHIN HISTORIC DISTRICTS AND FURTHER PROVIDING FOR A REPORT ON EMERGENCY DEMOLITION AND STATBILIZATION PROCEDURES BE IT ENACTED by the Common Council of the City of Albany as follows: Section 1. Subsection B of section 42-85 of Part 4 of Article XII of Chapter 42 of the Code of the City of Albany is amended by adding a new paragraph (13) to read as follows: (13) Making recommendations to the Mayor and Common Council concerning emergency actions relating to landmarks or property within historic districts. Section 2. Part 4 of Article XII of Chapter 42 of the Code of the City of Albany is amended by adding a new section 42-91 to read as follows: § 42-91. Review of emergency actions. A. The Commission shall review orders for emergency actions relating to landmarks or property within historic districts after receiving notification pursuant to section 133-55 of this code. B. The Commission, in consultation with the Department of Buildings and Regulatory Compliance, shall prepare and submit an annual report to the Mayor and Common Council on or before April 1 of each year concerning emergency actions pursuant to section 133-55 of this code relating to landmarks or property within historic districts. Such report shall include, but need not be limited to, the following: (1). The number and locations of emergency actions undertaken in the previous calendar year, including maps depicting locations within each historic district and the city as a whole; (2). A description of the architectural and historic merit of landmarks or property within an historic district subject to an emergency action in the previous calendar year, the causes or factors contributing to such actions, and the effects of such action on surrounding buildings or structures; (3). Recommendations, if any, to identify and encourage the stabilization of landmarks and property within historic districts, in order to prevent emergency actions. Section 3. This local law shall take effect upon final passage, public hearing and filing with the Secretary of State. President Pro Tem Kimbrough held the remaining Local Laws on the pending agenda. REPORTS OF STANDING COMMITTEES: Planning, Economic Development: Council member Fahey reported that the committee met on February 3, 2021 to review Ordinance 46.122.20 and Local Law G of 2018. The committee also met on February 16, 2021 to review Local Law M of 2020, Ordnance 21.92.20 and Ordinance 46.122.20. Capital Hills Golf Course SubCommittee: Council Member O’Brien reported that the committee met on February 22, 2021 at 5:30PM to discuss golf course with Dept of General Services, Dept of Recreation and Golf Course Superintendent. Finance, Assessment and Taxation: Council Member Farrell report the committee will meeting March 4, 2021 at 5:30PM to review Ordinance 44.122.20, Ordinance 45.122.20, and Resolution 13.21.21R. Ordinance 44.122.20 will close and discontinue Scott Street. If approved, Scott Street would be sold to South End Development for inclusion in the development of the Seventy-Six project. Ordinance 45.122.20 is to sell Scott Street to South End Development, LLC for inclusion in the development of the Seventy-Six project. Resolution 13.21.20R requested that the vacant Human Resources Generalist 1 position present in the office’s budget for this year be changed to Human Resources Generalist 3 position, together with the concomitant increase in salary as soon as possible. The Committee will also get an update on City finances by City Treasurer Darius Shahinfar and Budget Director Michael Wheeler. Council Operations and Ethics: Council Member Conti will meet March 16, 2021 at 5:30PM to review Local Law L of 2020 and Local Law A of 2021. Local Law L of 2020 amends a provision of the Charter to place a requirement that candidates for Common Council be an elector and resident of the ward for a minimum of 365 days before taking office. Local Law A of 2021 provides that elections for city elective office shall be held on a nonpartisan basis. The Committee will also meet March 23, 2021 at 5:30PM to review Local Law F of 2019. Local Law F of 2019 enacts a comprehensive ethics law for the City of Albany. Housing and Community Development: Council Member Doesschate reported that the Committee will be meeting on the community block grants (year 47 HUD funding) on March 9th, at 5:30 PM, and will hold a joint hearing with the Albany Community Development Agency (ACDA) on March 31, 2021 at 5:30 PM to hear any potential appeals to the preliminary awards and consider Resolution 20.22.21R (MC) and announce year 47 CDBG /HOME/ESG awards. An additional meeting has been scheduled for April 7, 2021 at 5:30PM in case the Committee does not finalize action on Resolution 20.22.21R (MC) and the awards at its March 31, 2021 meeting Public Safety: President Pro Tem Kimbrough reported that the committee met on February 8, 2021 at 5:30PM to review Local Law J of 2020 As Amended and the City of Albany’s Police Reform & Reinvention Collaboration Recommendations. The Committee will meet March 2, 2021 at 5:30PM and March 8, 2021 at 5:30PM to review the City of Albany’s Police Reform & Reinvention Collaboration Recommendations. CONSIDERATION OF ORDINANCES Council Member Conti WITHDREW Ordinance 42.112.18 (AN ORDINANCE AMENDING CHAPTER 375 (CITY OF ALBANY UNIFIED SUSTAINABLE DEVELOPMENT ORDINANCE) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO NEW CONSTRUCTION IN R-T TOWNHOUSE DISTRICTS) as follows, which was previously held. Council Member Conti noticed Ordinance 21.92.20 As Amended as follows, which was held for further consideration: ORDINANCE 21.92.20 (as amended 2/18/21) AN ORDINANCE AMENDING ARTICLE IX (BUILDING CONSTRUCTION REGULATION) AND ARTICLE XIA (VACANT BUILDING REGISTRY) OF PART 2 (BUILDING CONSTRUCTION) OF CHAPTER 133 (BUILDING CONSTRUCTION) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO EMERGENCY BUILDING ACTIONS RELATING TO LANDMARKS OR PROPERTY IN HISTORIC DISTRICTS The City of Albany, in Common Council convened, does hereby ordain and enact: Section 1. Section 133-55 of Article IX of Chapter 133 of the Code of the City of Albany is amended by adding new subsections E and F, to read as follows: E. Demolition of a landmark or property located within an historic district shall only be used as a last resort when no other method will serve to protect the occupants or the public from a direct hazard or immediate danger. In the event that the Commissioner shall order a demolition under this section to a landmark or property located within an historic district, the Commissioner shall make a reasonable attempt to notify the property owner prior to the demolition. The notification shall in no way impair the ability of the Commissioner to demolish the building or structure. F. Whenever an action is taken or proposed to be taken under this section in relation to a landmark or property within an historic district, the Commissioner shall provide timely notification of the order for such action to members of the Historic Resources Commission. At the earliest time possible, and to the extent practicable, the Commissioner shall additionally provide the following information related to the emergency action: (1). A description of the premises; (2). A structural engineering report, which shall include a statement of the particulars in which the condition of the building or structure represents a serious and imminent threat to public health and safety and whether there is any reasonable alternative to the immediate demolition of the building or structure which would protect public health and safety; (3). A detailed statement of all work to be done to comply with the order; (4). A timetable for completion of all phases and aspects of the work; (5). A site plan of the property or map indicating the area of the proposed stabilization or demolition showing all affected buildings and/or structures on the site; (6). Photographs of existing conditions, including any building facades and architectural features visible from the public right-of-way, as well as photographs of the adjacent parcels. Photographs should be digital (minimum 10 megapixel resolution), clear, and include overall photographs as well as close-up photographs of significant exterior architectural elements; (7). Prior code violations and building maintenance history, to the extent such information is available; and (8). A description of any salvageable historic materials within or on the building structure to be demolished, to the extent such information is available. Section 2. Section 133-78.6 of Article XIA of Part 2 of Chapter 133 of the Code of the City of Albany is amended to read as follows: § 133-78.6. Quarterly reports. The chief building official shall submit a quarterly report not later than January 15, April 15, July 15 and October 15 of each year to the Mayor and, Common Council, Planning Board and Historic Resources Commission containing not less than the following information: A. The number of buildings in the City declared vacant in each category set forth in § 133- 78.3E(2) 133-78.3(H) under the provisions of this article; and B. The number of vacant building registrations filed or annually renewed with the Department of Buildings and Regulatory Compliance within each category.; and C. The number of vacant building registrations in each category set forth in § 133-78.3(H) by historic district, both by individual district and total for all such districts; and D. The number of vacant buildings in each category set forth in § 133-78.3(H) which have been subject to an emergency demolition or stabilization order in accordance with section 133-55 of this chapter, including the number of such emergency actions by historic district for the reporting quarter and in the preceding quarter, both by individual district and total for all such districts. Section 3. This ordinance shall take effect thirty (30) days after its enactment. President Pro Tem Kimbrough held the remaining Ordinance on the pending agenda. CONSIDERATION OF RESOLUTIONS Council Member Conti, Balarin, Doesschate, Fahey, Flynn Frederick, Hoey, Igoe, Kimbrough, O’Brien noticed Resolution 17.22.21R as follows, asked passage and a roll call vote thereon: RESOULTION NUMBER 17.22.21R RESOLUTION OF THE COMMON COUNCIL SUPPORTING AN AMENDMENT TO TITLE 6 OF ARTICLE 5 OF THE NEW YORK STATE PUBLIC AUTHORITIES LAW IN RELATION TO THE ALBANY MUNICPAL WATER FINANCE AUTHORITY AND ALBANY WATER BOARD WHEREAS, Title 6 of Article 5 of the New York State Public Authorities Law established the Albany Municipal Water Finance Authority and the Albany Water Board; and WHEREAS, the Albany Municipal Water Finance Authority and the Albany Water Board are responsible for the management and financing of Albany’s water system and delivery of services to the residents of the City of Albany; and WHEREAS, this is a significant responsibility which has been delegated by state law to such entities; and WHEREAS, the Albany Municipal Water Finance Authority consists of seven members, five appointed by the Mayor of the City of Albany and two by the Governor of the State of New York upon nomination by the Mayor; and WHEREAS, the Albany Water Board consists of five members appointed by the Mayor; and WHEREAS, appointment to these boards are by unilateral action not subject to review and confirmation by the Albany Common Council as the governing body of the City of Albany; and WHEREAS, the current appointment procedure diminishes oversight of these boards and weakens accountability; and WHEREAS, under various state and local laws it has become common practice for mayoral appointments to various boards, commissions and authorities to be subject to confirmation by the Common Council; and WHEREAS, under the Albany City Charter the Common Council also has confirmation authority over Mayoral appointments of various department heads; NOW, THEREFORE, BE IT RESOLVED, that the Albany Common Council finds and declares that its lack of authority to confirm appointments to the Albany Municipal Water Finance Authority and the Albany Water Board diminishes its ability to exercise adequate and appropriate oversight over the activities and operations of these boards and such lack of authority diminishes accountability; and BE IT FURTHER RESOLVED, that the Albany Common Council calls upon the State Legislature to amend existing law to establish the authority of the Common Council to confirm mayoral appointments to these boards; and BE IT FURTHER RESOLVED, that to the extent such amendment requires a home rule request by the Albany Common Council, such request shall be adopted upon introduction of appropriate legislation in the State Senate and State Assembly; and BE IT FURTHER RESOLVED, that a copy of this resolution, suitably engrossed, be transmitted to State Senator Neil Breslin and Assembly Members Patricia Fahy and John McDonald. Resolution 17.22.21R was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, and O’Brien There being no further discussion, President Ellis called for a voice call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien and Robinson Affirmative 14 Negative 0 Present 0 Council Member Fahey on behalf of the Planning, Economic Development and Land Use Committee noticed Resolution 18.22.21R as follows, which was held for further consideration: RESOLUTION NUMBER 18.22.21R RESOLUTION OF THE COMMON COUNCIL CONFIRMING THE REAPPOINTMENT OF JEFFREY SPERRY AS A MEMBER AND THE CHAIRPERSON OF THE ALBANY PARKING AUTHORITY WHEREAS, the Mayor of the City of Albany has, pursuant to the provisions of Section 1493-c of the Public Authorities Law of the State of New York reappointed Jeffrey Sperry as a member and the Chairperson of the Albany Parking Authority; NOW, THEREFORE, BE IT RESOLVED that Jeffrey Sperry be confirmed as a member and the Chairperson of the Albany Parking Authority for a five (5) year term of office to expire January 2, 2026. President Pro Tem Kimbrough referred Resolution 18.22.21 to the Planning, Economic Development and Land Use Committee for further consideration. Council Member Hoey, Anane, Balarin, and Farrell noticed Resolution 19.22.21R as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 19.22.21R RESOLUTION CALLING FOR THE ENFORCEMENT OF THE CITY OF ALBANY’S CODE PART I: ADMINISTRATIVE LEGISLATION / LABOR ARTICLE V STRIKEBREAKERS WHEREAS the nurses at Albany Medical Center voted to unionize over two years ago; and WHEREAS there has been no movement in contract negotiations, which Albany Medical Center management hopes will break the nurses’ union; and WHEREAS the nurses are exhausted by their effort to keep their patients alive during the Covid-19 pandemic; and WHEREAS the nurses, seeing no movement at the negotiations table, called a 24-hour strike on December 1, 2020; and WHEREAS Albany Medical Center Management hired hundreds of strikebreaker replacement nurses and locked its own nurses out for the following two days, thereby preventing its own nurses from caring for their patients; and WHEREAS the City of Albany New York has on its books an anti-strikebreaking law; and WHEREAS Section 62-5 of the law states: “Purpose. No person, partnership, agency, firm or corporation, or officer, employee or agent thereof, shall recruit, procure, supply or refer any person for employment who customarily and repeatedly offers himself for employment in place of any employee involved in a labor dispute in which such person, partnership, agency, firm or corporation is not directly involved”; and WHEREAS Section 62-6 of the law states: “Prohibited employment of strikebreakers. No person, partnership, firm or corporation involved in a labor dispute shall, directly or indirectly, employ in the place of an employee involved in such dispute any person who customarily and repeatedly offers himself for employment in the place of employees involved in a labor dispute or contract or arrange with any other person, partnership, agency, firm or corporation to recruit, procure, supply or refer persons for employment who customarily and repeatedly offer themselves for employment in place of employees involved in such labor dispute”; and WHEREAS Section 62-7 of the law states: “Unlawful to employ replacements. No person who customarily and repeatedly offers himself for employment in place of employees involved in a labor dispute shall take or offer to take the place in employment of any employee involved in a labor dispute”; and WHEREAS Section 62-8 of the law states: “Penalties for offenses. Any person, partnership, agency, firm or corporation, or any officer, employee or agent thereof, who or which shall violate any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine of not more than $1,000 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment”; NOW, THEREFORE BE IT RESOLVED, that this Common Council of the City of Albany expresses its strong displeasure with Albany Medical Center Management at the apparent lack of good faith in its negotiations with the Nurses Union and strongly urges the City of Albany, New York enforce its law code and prosecute Albany Medical Center Management for violation of City Law; and BE IT FINALLY RESOLVED, that Albany Medical Center release to this Council information regarding the number of the strikebreaking nurses it hired, what it paid these strikebreakers. * Council Member Hoey, Farrell, Balarin, Frederick, O’Brien, Kimbrough, Anane spoke on the Resolution prior to passage Resolution 19.22.20 was co-sponsored by Council Members Doesschate, Fahey, Frederick, Kimbrough, and Robinson There being no further discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: The motion passed by the following vote of all Council Members present voting in favor thereof: Affirmative – Anane, Balarin, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien and Robinson Affirmative 13 Negative 0 Present 0 President Pro Tem Kimbrough made a motion, which was duly seconded, requesting Majority Consent to add Resolution 20.22.21R and Resolution 21.22.21R to the agenda. There being no discussion, the motion was adopted by voice vote. Council Member Doesschate on behalf of the Housing and Community Development Committee noticed Resolution 20.22.21R (MC) as follows, which was held for further consideration: Resolution Number 20.22.21R (MC) RESOLUTION DESIGNATING THE MAYOR TO ACT AS OFFICIAL REPRESENTATIVE OF THE CITY OF ALBANY TO SUBMIT ANNUALLY TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THE “ANNUAL ACTION PLAN”, AND AMENDMENTS THERETO, UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the Congress of the United States established the Community Development Block Grant Program; and WHEREAS, the Albany Community Development Agency has prepared the Annual Action Plan for the Community Development Block Grant Program Year 47 in accord with public hearings held on March 9, March 31, and April 7, 2021; and WHEREAS, pursuant to Sec. 570.303 of the Code of Federal Regulations, a grantee of a Community Development Block Grant must certify that its governing body has duly adopted a resolution authorizing a person to act as its official representative to submit the Action Plan, amendments thereto, and all understandings and assurances thereto, and authorizing the persons identified as the official representative of the grantee to act in connection with the submission of the Action Plan and to provide such additional information as may be required; NOW, THEREFORE, BE IT RESOLVED, that the Common Council hereby authorizes the Mayor to act as the City of Albany’s official representative for the purpose of submitting the said Action Plan and all necessary understandings, assurances and amendments thereto; and BE IT FURTHER RESOLVED, that the Common Council hereby adopts the Action Plan for the Community Development Block Grant Program Year 47 as prepared by the Albany Community Development Agency, together with and including all understandings and assurances required thereby. Section 1. The Financing Agreement is hereby authorized to be amended to add the Project described on Schedule A to this Resolution. Section 2. The members and officers of the City are hereby authorized and directed for and in the name and on behalf of the City to do all acts and things required and to execute and deliver all such additional certificates and instruments and to do all such further acts and things as may be necessary or in the opinion of the member or officer acting, desirable and proper to effect the purposes of the foregoing Resolution, and the issuance of the bonds, notes or other Obligations of the Authority in furtherance of the Project contemplated by the amendment of the Financing Agreement is hereby approved. BE IT FURTHER RESOLVED that this resolution shall take effect immediately. President Pro Tem Kimbrough referred Resolution 20.22.21R (MC) to the Housing and Community Development Committee for further consideration. Council Member O’Brien noticed Resolution 21.22.21R (MC) as follows, asked passage and a roll call vote thereon: RESOLUTION NUMBER 21.22.21 (MC) A RESOLUTION OF THE CITY OF ALBANY’S COMMON COUNCIL CONDEMNING THE HATE-FILLED AND RACIST ATTACKS ON THE COUNCIL OF ALBANY NEIGHBORHOOD ASSOCIATIONS – CANA WHEREAS, the Council of Albany Neighborhood Associations (hereinafter “CANA”) is a nonpartisan federation of neighborhood associations and community organizations, and is involved in all matters which involves the quality of life of its constituents; and WHEREAS, the African American Cultural Center of the Capital Region (hereinafter “AACCCR”) is a nonprofit organization committed to educating, enriching, and empowering residents of the Capital Region through a variety of educational, cultural and performing arts, programs, activities, and exhibits that promote awareness and raise the collective consciousness of all ethnicities to the rich and vibrant history, contribution, and culture of African Americans.; and WHEREAS, the Rapp Road Historical Association (hereinafter “RRHA”) is a nonprofit organization that represents the Rapp Road Historic District, which is cluster of 23 homes built by African Americans who migrated predominantly from Shubuta Mississippi as part of the Great Migration; and WHEREAS, on Wednesday, February 3, 2021, CANA convened virtually to recognize and celebrate the importance of African American History Month; and WHEREAS, the AACCCR and RRHA were invited to CANA’s monthly meeting as featured presenters; and WHEREAS, the presentations for African American History Month were interrupted by several unwarranted individuals, who proceeded to disrupt the meeting with hate speech, racial epithets, and other content that was extremely offensive to the meeting attendees; and WHEREAS, the Albany Common Council condemns the heinous actions of these unwarranted individuals in the strongest terms; and WHEREAS, the Albany Common Council reaffirms that racism and hate speech have no place in the City of Albany; and NOW THEREFORE, BE IT RESOLVED, that the Common Council of the City of Albany hereby stands in strong support and solidarity with CANA, AACCCR, RRHA, and all other individuals that were directly affected by this unfortunate and devastating incident. * Council Member O’Brien spoke on the Resolution prior to passage Resolution 21.22.21R (MC) was co-sponsored by Council Members Anane, Balarin, Conti, Doesschate, Fahey, Farrell, Flynn, Frederick, Hoey, Igoe, Johnson, Kimbrough, O’Brien and Robinson There being no further discussion, President Ellis called for a roll call vote thereon and the motion was ADOPTED: Council Member Kimbrough WITHDREW Resolution 4.12.20R (A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF ALBANY CALLING ON THE GOVERNOR AND THE NEW YORK STATE LEGISLATURE TO NOT MAKE DRASTIC CUTS TO MEDICAID) as follows, which was previously held. President Pro Tem Kimbrough held the pending Resolution on the agenda for further consideration. MISCELLANEOUS AND UNFINISHED BUSINESS: Majority Leader Ginnie Farrell offered the following, which was approved by unanimous voice vote: RESOLVED THAT THE FOLLOWING PERSONS BE AND HEREBY ARE APPOINTED COMMISSIONERS OF DEEDS FOR THE CITY OF ALBANY, NEW YORK FOR THE TERM ENDING DECEMBER 31, 2022, AND WAIVE THE READING OF THE NAMES: Employee Last Employee First Agency Name Agency Address City State Zip Morettoni Daniel 92 Chestnut Street Albany NY 12210 200 Henry Johnson Adriance Tom Department of Buildings Blvd Albany NY 12207 200 Henry Johnson Joseph Kadesha Department of Buildings Blvd Albany NY 12207 200 Henry Johnson Johnson Iris Department of Buildings Blvd Albany NY 12207 200 Henry Johnson LaJoy Richard Department of Buildings Blvd Albany NY 12207 200 Henry Johnson Scott Valerie Department of Buildings Blvd Albany NY 12207 200 Henry Johnson Kimble Monique Department of Buildings Blvd Albany NY 12207 200 Henry Johnson VanAlstyne Ashley Department of Buildings Blvd Albany NY 12207 200 Henry Johnson VanSchoick Harold Department of Buildings Blvd Albany NY 12207 200 Henry Johnson Gold Joshua Department of Buildings Blvd Albany NY 12207 200 Henry Johnson Sherman Daniel Department of Buildings Blvd Albany NY 12207 COMMON COUNCIL COMMENTS: Common Member Johnson (Lost Warren Mackey and Victor Cain) Council Member Igoe (Responded to Council Member Johnson’s Comments) Common Member Hoey (Council 82 Letter) Council Member Doesschate (Echo’s Council Member Johnson’s Comments) Council President Ellis (Spoke on the memory of Warren Mackey & Victor Cain and Responded to Council Member Hoey’s Comments) Council Member O’Brien (Council 82 Pay Increase) President Pro Tem Kimbrough (Intend to Meet With Council 82) Council Member Igoe (Amended Legislation) ADJOURNMENT: There being no further business, President Pro Tem Kimbrough made a motion to adjourn, which was duly seconded and adopted by unanimous voice vote. President Ellis declared the meeting adjourned at approximate 8:54pm. MICHELE ANDRE Senior Legislative Aide to the Council