BY JIMMY LAWTON
North Country This Week

OGDENSBURG – Acting City Manager Steve Jellie says state law prohibits the residents of Ogdensburg from holding a referendum to overturn a recent law that shifts the hiring power of department heads to the city council, but organizers of the effort disagree.

“We received legal opinion from our City Attorney, Mr. Scott Goldie, that a public referendum for the change of duties to the City Manager position is not required or allowed by New York State Law, therefore the City of Ogdensburg does not plan to conduct a public referendum on this matter,” he said in email to North Country This Week.

Council came under fire by several city residents prior to recent votes that stripped the city manager of the power to hire and fire department heads and required the police chief to reside within city limits.

The resolutions passed in 4-3 votes with councilors Nichole Kennedy, Dan Skamperle and Michael Powers opposed.

Mayor Jeffrey Skelly, Deputy Mayor John Rishe and councilors Bill Dillabough and Steve Fisher voted in favor.

Among those who spoke against both charter changes were former City Councilor Doug Loffler and former Police Chief Rick Polniak.

The opinion from the city attorney is in direct contradiction with the city’s charter, which clearly says the residents may petition to hold a referendum.

According to the city charter, the changes passed by the council are subject to petition by referendum. That means the public has the opportunity to bring the matter to a public vote and potentially overturn the changes.

“Notwithstanding any other provision of the law or of this Charter, any action by the City Council to establish, alter or abolish any City department, office or agency specified in this Charger shall be by local law subject to a referendum upon petition,” the charter says.

However, Jellie says state law supersedes the charter and that the charter needs to be amended to reflect that, but no documentation has been provided to support that opinion. Under the charter form of government local laws cannot supersede state laws, but they can supplement them. One example for instance is the city charter’s rules for filling vacancies on the city council, which differ from laws laid out by the state, but are still considered legal.

North Country This Week has requested a copy of Goldie’s opinion but has not yet received it. It is unclear at this time why a petition for a referendum is not “allowed.”

During an Aug. 28 interview, Mayor Jeffrey Skelly, who voted in favor of the controversial resolution, said he’d like to see a referendum held and let the people decide on the matter.

According to state Municipal Home Rule Law Article 3 Section 23, “Local laws subject to mandatory referendum” the proposed petition may fall within the criteria of subsection 2f, which states local law shall be subject to mandatory referendum if it “abolishes, transfers or curtails any power of an elective officer.”

Scott McRoberts, who is an organizer of the effort to file a petition, believes that the law approved by council transfers the power to the council, thus meeting the criteria. It should be noted that in this context “mandatory” does not mean that it must go to referendum, but that it is “mandatory” for the city to allow for a petition to be brought forward.

The disagreement between the city and petitioners may be resolved in courts, as it seems both sides have contacted legal help on the matter, though North Country This Week has not been provided any legal opinions from either side at this time.

Regardless of whether the petition fits the criteria for mandatory referendum, petitioners appear to have an alternative course of action available to them to amend the city charter.

According to the state’s Division of Local Government Services “Revising City Charters in New York State,” petitioners can bring an amendment to city council through the referendum process.

“A city charter may be amended under section 37 of the Municipal Home Rule Law. Under this method, if a number of city voters equal to at least 10 percent of the votes cast for Governor in the last gubernatorial election – or 30,000, whichever is less – sign a petition for submission to the voters of a proposed local law providing for a new charter or charter amendments, the initiative process is under way. The petition and proposed charter changes are filed wit the city clerk, who is required to determine the legal sufficiency of the petition, subject to judicial review. Whether or not the clerk determines that the petition is legally sufficient, he is required to submit the proposal to the city legislative body,” the document reads.

More updates are expected as North Country This Week is awaiting responses from Deputy Mayor John Rishe as well as from organizers of the petition effort.