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Council to seek city attorney opinion as public hearings begin on charter changes
Summary
Saratoga Springs council agreed to proceed with public hearings on proposed charter amendments and to request a written legal opinion from the city attorney on whether specific changes (including supervisor language) require a mandatory referendum under Municipal Home Rule Law.
The Saratoga Springs City Council on Tuesday scheduled public hearings and asked the city attorney for a written legal opinion on whether proposed charter amendments must be submitted to a public referendum.
The council’s discussion focused on several items drafted by the Charter Review Commission, including language about supervisors and an addendum listing city boards. Commissioner Cole said he wanted “a legal opinion from the city attorney’s office or special counsel saying they have reviewed the changes and those changes are lawful,” stressing that outside counsel advising the commission does not represent the city.
The chair of the Charter Review Commission, who identified themself as the commission chair, told the council the commission reviewed Municipal Home Rule Law Sections 23 and 24 and believed that most proposed amendments did not curtail elected officials’ powers and therefore would not automatically require a mandatory referendum. The chair said, “There’s mandatory referendum and then there is permissive referendum or referendum by petition,” and recommended the council obtain an advisory opinion if any doubt remained.
Council members debated whether to discuss contentious items now or to defer them to the public‑hearing process so residents could weigh in. Several members suggested preserving the addendum listing boards and correcting a typographical error in the board‑of‑ethics language, while others recommended pausing any final decisions until the attorney’s written guidance is available.
The council agreed to hold the first public hearing the following evening and to request the city attorney draft a written opinion covering the entire proposed local law so the council can determine which items, if any, must go on the ballot. The chair of the Charter Review Commission offered to attend to explain the commission’s rationale during the public hearings.
The next procedural step is the public hearing(s). Council members indicated they would review public feedback and the attorney’s written opinion before deciding whether to forward any charter amendments to a council vote or put items on the November ballot.
