Two former officials in the City of Saratoga Springs have been issued subpoenas as the New York State Attorney General investigates potential misuses of police power related to the arrest of Black Lives Matter demonstrators last year. At its next regular meeting the city council will consider a resolution next week to authorize funding for legal services for the former officials.
WAMC first confirmed last fall that the Office of State Attorney General Tish James was investigating the City of Saratoga Springs over its arrest and detention of Black Lives Matter demonstrators in connection with a July 2021 protest, and other potential misuses of police power.
Since that time, the city has been providing the AG’s office with documents as the office’s Civil Rights Division continues its investigation.
It was first reported by the Times Union Thursday that two past city officials, former Mayor Meg Kelly and former Public Safety Commissioner Robin Dalton, were issued subpoenas by the Attorney General’s office in the probe. They left office last year.
Mayor Ron Kim, a Democrat, said as per state law and the city charter, the city is obligated to provide for the defense of any city officers or employee for any alleged act or omissions while that person was employed by or serving the city.
“We’re proposing a resolution that essentially has a certain cap and also…approves reasonable attorneys fees because this is a thing where legal fees can get pretty expensive,” said Kim.
According to a draft resolution provided to WAMC, the council will consider providing Kelly and Dalton up to $10,000 in attorney’s fees and up to $3,000 in additional expenses related to complying with the subpoenas.
Requests can be made for additional funding, which would then be reviewed by the city council and granted if considered reasonable.
Public Safety Commissioner James Montagnino said complying with the subpoenas may require the former officials to hire IT support to provide emails and other communications.
“They’ve both retained attorneys to assist them in complying with the subpoenas. And I understand they may also have to retain some technology experts to extract some emails or text messages and the like from their mobile phones,” said Montagnino.
Montagnino, a Democrat like Kim, did express some reservations about approving legislation that provides a cap on the amount of fees to be reimbursed to the former officials.
“My feeling is that what’s fair in a situation like this would be for the city to commit to the payment of ‘reasonable’ counsel fees and ‘reasonable’ expert fees. I’m told that the expert fees for the IT work might run somewhere in the $2,000-$3,000 range,” said Montagnino.
The news that the Attorney General has issued the subpoenas is being welcomed by attorney Mark Mishler, who represented Saratoga Black Lives Matter organizer Lexis Figuereo, who, along with other demonstrators, was arrested and detained weeks after the July 2021 protest where marchers were tackled by police on Broadway.
Disorderly conduct and obstructing government administration charges filed against Figuereo were dismissed in April 2022. The organizer also faced charges in the City of Albany, related to a protest and encampment on Arch Street in the spring of 2021. Those charges were dismissed last month.
“We think this is a good sign,” said Mishler. “The fact that they have subpoenaed the former mayor and former commissioner of public safety tells us that they understand who the key decision makers and policymakers were at that time and we are certainly hopeful that when the Attorney General’s office completes their report that it will be a strong rebuke to the actions taken by the City of Saratoga Springs.”
Mishler hinted at possible future legal action by Figuereo and others against the City of Saratoga Springs.
“A number of people who faced those arrests and faced those improper detentions and improper charges are considering going to court to vindicate their constitutional rights,” said Mishler.
To Kim, the continuing investigation into potential civil rights abuses by the Attorney General’s office is a part of a “healing process” that he said must continue after tumultuous summers that involved confrontations between police and protesters in 2020 and 2021.
“This is certainly an essential part of that, to have a comprehensive look and I’m glad the Attorney General is using resources to explore that. And at the end of this I hope there is some real solid information about who was responsible, if any, and what actions should be taken,” said Kim.
The attorney general’s office did not respond to a request for comment. Phone messages were left for Kelly and Dalton.
The Saratoga Springs City Council meets Tuesday.
